Legal Opinion

Wallace v. McCarty

West Virginia Supreme Court

Decided February 23, 1875PublishedCited by 5 opinions

Supersedeas to a judgment of the circuit court of Pocahontas county rendered on the 11th day of March, 1872, in a proceeding therein pending, in favor of Matthew Wallace against John "W. D. McCarty, Alvin Clark, John I). ELinnison and Andrew J. Overholt. The other material facts appear in the statement of the case by the Court. The supersedeas was granted on the petition of said defendants below.

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Supersedeas to a judgment of the circuit court of Pocahontas county rendered on the 11th day of March, 1872, in a proceeding therein pending, in favor of Matthew Wallace against John "W. D. McCarty, Alvin Clark, John I). ELinnison and Andrew J. Overholt. The other material facts appear in the statement of the case by the Court. The supersedeas was granted on the petition of said defendants below. The Hon. Joseph M. McWhorter, judge of said circuit court, presided at the trial.

1Opinion of the Court

Haymond, President :

The plaintiff, prior to the March term, 1872, of the cjrcuit court of the county of Pocahontas, caused a written notice to be served on the defendants that he would,, at that term of said court, move the court for judgment against defendants for $626, with interest thereon from-the 1st day of July, 1871, upon an undertaking entered into by them on the 1st day of July, 1871, for the delivery of certain personal property therein named.

At the said March term, 1872, by consent of the parties by their attorneys, the cause was ordered to be docketed and continued until a…

2Cases cited3 opinions

  1. Blanton v. StateWashington Supreme Court · 1890
  2. Claflin v. SteenbockSupreme Court of Virginia · 1868
  3. Burke v. Levy's executorsSupreme Court of Virginia · 1821

3Cited by5 opinions

  1. Lambert v. Board of SupervisorsSupreme Court of Virginia · 1924
  2. Collins v. White Oak Fuel Co.West Virginia Supreme Court · 1911
  3. Paine v. TutwilerSupreme Court of Virginia · 1876
  4. Paine v. TutwilerSupreme Court of Virginia · 1876
  5. Paine v. TutwilerSupreme Court of Virginia · 1876

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