Miller v. Miller
West Virginia Supreme Court
Statement by Green, Judge: In 1878, George JJ1. Miller,Sr., executor of the last will and 'testament of Christian S. Miller, brought an action of debt in the circuit court of Cabell county against John G. Miller on three notes of $5,000.00 each all dated July 6, 1872, and payable in six, twelve and eighteen months from date to C. S. Miller.
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Statement by Green, Judge: In 1878, George JJ1. Miller,Sr., executor of the last will and 'testament of Christian S. Miller, brought an action of debt in the circuit court of Cabell county against John G. Miller on three notes of $5,000.00 each all dated July 6, 1872, and payable in six, twelve and eighteen months from date to C. S. Miller. The declaration was filed, and a demurrer to it was overruled, and thereupon the defendant pleaded nil debet set-off and payment, on all of which pleas issues were joined. With their pleas the following specifications were file.d : “G. E. Milleb, Ex’oboe…
1Opinion of the Court
Green, Judge:
This case was decided by the circuit court.on its merits; but before we can consider its merits, we must be satisfied, that the bill on its face sets out .a case, which a court of equity can entertain. If it does not, all that the court can do is to dismiss the bill, unless on the facts proven in the cause it appeal’s, that, though the bill may be fatally defective, yet it might be so amended, as that a case might be set out in it, such as would give a court of equity jurisdiction. It is true, that the bill was not demurred to, and the question, whether a court of equity had…
2Cases cited5 opinions
- Thompson v. Railroad CompaniesSupreme Court of the United States · 1868
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Third Ave. R.R. Co. v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1873
- Stuart's heirs v. CoalterCourt of Appeals of Virginia · 1826
- Frith v. RoeSupreme Court of Georgia · 1857
3Cited by10 opinions
- State ex rel. Battle v. HerefordWest Virginia Supreme Court · 1963
- Backus v. AbbotWest Virginia Supreme Court · 1952
- Sprinkle v. DutyWest Virginia Supreme Court · 1904
- Brown v. Brown by BeachamSupreme Court of Virginia · 1992
- Truby v. BroadwaterWest Virginia Supreme Court · 1985
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