Manion v. Fahy
West Virginia Supreme Court
Appeal and supersedeas, granted upon the petition of William Manion, from and to two decrees of the municipal court of Wheeling, rendered, one on the 4th day of April 1876, and the other at the May term 1876 oí said court, in a cause in chancery, then in said court pending, wherein said Manion was plaintiff, and Thomas Fahy was defendant.
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Appeal and supersedeas, granted upon the petition of William Manion, from and to two decrees of the municipal court of Wheeling, rendered, one on the 4th day of April 1876, and the other at the May term 1876 oí said court, in a cause in chancery, then in said court pending, wherein said Manion was plaintiff, and Thomas Fahy was defendant. The supersedeas so allowed was directed to extend to the Judgment, rendered by said court on a forthcoming bond, executed for the delivery of property, levied upon by virtue of an execution, issued upon said decree of April 4, 1876. Green, President, who…
1Opinion of the Court
Green, PresideNt,
delivered the opinion of the Court:
The question presented by this record is : Can a consent decree, alleged to have been, through the mistake of the parties, different from what they really intended, be in any manner modified so as to correspond with what the parties really intended to agree to as the decree to be entered, or should the consent decree, where such a mistake has occurred, be set aside and annulled in toto; and in either case, how is such modification, if allowable, or such annulling of the decree to be effected; can it be done by any mode of proceeding in the…
2Cases cited12 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Edwards v. StateWashington Supreme Court · 1891
- Harvey v. BransonSupreme Court of Virginia · 1829
- Pipes v. GarrettSupreme Court of Louisiana · 1841
- Evans v. BaconMassachusetts Supreme Judicial Court · 1868
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3Cited by34 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Dwight v. HazlettWest Virginia Supreme Court · 1929
- Morgan v. Ohio River R.West Virginia Supreme Court · 1894
- Work v. RogersonWest Virginia Supreme Court · 1965
29 more not listed; retrieve them via the Exa API.