Exchange Bank of Virginia v. Morrall
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Barbour, rendered on the 7th day of March, 13G8, in a'cause in chancery in said court then pending, wherein The Exchange Bank of Virginia was plaintiff, and Lair D. Morrall, Spencer Dayton, James T. Hartman and Elam D. Talbott were defendants, allowed upon the petition of said Morrall. Hon. T. W. Harrison, judge of the sixth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Barbour, rendered on the 7th day of March, 13G8, in a'cause in chancery in said court then pending, wherein The Exchange Bank of Virginia was plaintiff, and Lair D. Morrall, Spencer Dayton, James T. Hartman and Elam D. Talbott were defendants, allowed upon the petition of said Morrall. Hon. T. W. Harrison, judge of the sixth judicial circuit, rendered the decree appealed from. Haymond, Judge, furnishes the following statement of the case: On the 25th day of June, 1866, the plaintiff commenced its suit against the…
1Opinion of the CourtHaymond, Judge
The first and second errors assigned by the appellant are together substantially, thát the court erred in overruling the demurrers to the original and amended bills. The appellant’s third, assignment of error is as follows: *550“ ^11 not dismissing the said bills on the hearing for want °f jurisdiction, as there was no proof of loss of said note, 0f any 0f ¿jjg papers connected with said action at law for the same demand, and no ground of equitable jurisdiction existed.”
Syllabus i. The counsel for the appellant in his brief, which is before us, says: “The demurrer to the bill should have been…
2Cases cited1 opinion
- Farmers' Bank v. ReynoldsCourt of Appeals of Virginia · 1826
3Cited by3 opinions
- White v. Wirt County CourtWest Virginia Supreme Court · 1907
- Campbell v. MyersWest Virginia Supreme Court · 1913
- Archer v. WardSupreme Court of Virginia · 1853