Harmon v. Byram's Adm'r
West Virginia Supreme Court
Appeal from, and supersedeas to, a decree of the circuit court of Putnam county, rendered on the 24th day of April 1873, in a cause in chancery, pending then in said court, wherein John A. Harmon was plaintiff and Benjamin P. Byram’s administrator and others were defendants, granted upon the petition of Robert Patton. Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decree complained of.
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Appeal from, and supersedeas to, a decree of the circuit court of Putnam county, rendered on the 24th day of April 1873, in a cause in chancery, pending then in said court, wherein John A. Harmon was plaintiff and Benjamin P. Byram’s administrator and others were defendants, granted upon the petition of Robert Patton. Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the decree complained of. JOHNSON, Judge, prepared the following statement of the case: In February 1872 John A. Harmon filed a bill in equity in the circuit court of Putnam county, to enforce a judgment lien,…
1Opinion of the CourtJoimsoN, Judge
The question presented in the record is: Did the petitioner, Robert Patton, under the circumstances, have the right to be made a defendant to the cause, and did the court err in denying him leave to file his petition? Counsel for the petitioner insists that the court did err in so refusing the leave to file the petition, and assign a number of ■ errors. The first is that “ the petition sought to be filed, and the accompanying exhibit dis*518closed facts which rendered it illegal, unjust and oppressive, to enter the decree complained oí, until an opportunity had been afforded the petitioner to…
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