Hinton v. Ballard
West Virginia Supreme Court
Tbe action was trespass for “ unlawfully seizing, taking and carrying away certain property of the plaintiff,” by the defendant’s decedent, Wilson Lively. The writ was issued on the 10th of January,1866, and was made returnable to February rules, when the declaration was filed, and common order taken; and the common order was confirmed at March rules, and -a writ of enquiry awarded. This was all done upon an insufficient return of the officer upon the writ.
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Tbe action was trespass for “ unlawfully seizing, taking and carrying away certain property of the plaintiff,” by the defendant’s decedent, Wilson Lively. The writ was issued on the 10th of January,1866, and was made returnable to February rules, when the declaration was filed, and common order taken; and the common order was confirmed at March rules, and -a writ of enquiry awarded. This was all done upon an insufficient return of the officer upon the writ. At a special term of the court held on the 27th day of July, 1866, the officer, upon the plaintiff’s motion, had leave to amend his…
1Opinion of the CourtMaxwell, J.
The first ground of error assigned is because the court refused to remand the cause to rules when the return on the writ was amended.
The officer who served the summons in this case made a defective return on which an office judgment was taken at rules. At the next term of the court, on motion of the plaintiff, leave was granted the officer to correct his return.
The officer accordingly corrected his return, but it still was defective. The case was then continued until the next term of the court. At the then next term of the court the officer appeared in court, and on his own motion, had leave…
2Cited by12 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
- Delaplain v. ArmstrongWest Virginia Supreme Court · 1882
- Wilson v. Winchester & P. R. Co.U.S. Circuit Court for the District of West Virginia · 1897
- Varney & Evans v. Hutchinson Lumber & Mfg. Co.West Virginia Supreme Court · 1908
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