Legal Opinion

Abbott v. L'Hommedieu

West Virginia Supreme Court

Decided May 2, 1877PublishedCited by 34 opinions

An appeal from, decrees of the circuit court of Fayette county, rendered on 7th April, 1875, and 5th April, 1876, in a cause in chancery, in said court, then pending in which L. L, Abbott, was plaintiff, and Charles L’liomrnedieu, was defendant. . The appeal was allowed upon the petition of said defendant. Hon. Homer A. Holt, Judge of the eighth judicial circuit, presided below.

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An appeal from, decrees of the circuit court of Fayette county, rendered on 7th April, 1875, and 5th April, 1876, in a cause in chancery, in said court, then pending in which L. L, Abbott, was plaintiff, and Charles L’liomrnedieu, was defendant. . The appeal was allowed upon the petition of said defendant. Hon. Homer A. Holt, Judge of the eighth judicial circuit, presided below. HaymoND, Judge, who delivered the opinion o f the Court, fully states the case. referred in their brief filed, to the following authorities: Story’s Eq. Jur., §750; Fry on Sp. Per. 182, 184; 3 Bibb. 52; 2 Mar, 266; 3…

1Opinion of the CourtHayMOND, Judge

On the 8th day of April, 1873, the plaintiff brought his suit, in chancery, in the circuit court of the county of Fayette, against the defendant, L’Hommedieu. Afterward at the rules for the following May, the plaintiff filed, in the clerk’s office of said court, his bill against the said defendant.

The plaintiff’s said bill is as follows, viz:

“ Humbly complaining, your orator, L. L. Abbott, respectfully shows unto your honor, that on the 11th day of December, 1858, your orator’s father, Isaac H. Abbott, entered into an agreement, in writing, with the above named defendant, Charles L’Hommedieu,…

2Cases cited3 opinions

  1. Brashier v. GratzSupreme Court of the United States · 1821
  2. Churchill v. ScottMichigan Supreme Court · 1887
  3. Schmidt v. LivingstonNew York Court of Chancery · 1838

3Cited by34 opinions

  1. Lowther Oil Co. v. Miller-Sibley Oil Co.West Virginia Supreme Court · 1903
  2. People v. PfanschmidtIllinois Supreme Court · 1914
  3. West Va. O. & O. L. Co. v. VinalWest Virginia Supreme Court · 1879
  4. Bates v. SwigerWest Virginia Supreme Court · 1895
  5. Hanley v. W. Va. C. & P. Ry. Co.West Virginia Supreme Court · 1906

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