Steele v. Harkness
West Virginia Supreme Court
Supersedeas to a judgment of the circuit court of "Wood county, rendered on the thirtieth day of December, 1874, in a suit then pending in said court, wherein D. Smythe Steele was plaintiff, and W. W. Harkness, defendant. The supersedeas was granted on the petition of the defendant below. The other facts sufficiently appear in the opinion of the Court. The Hon. James M. Jackson, judge of said circuit court, presided at the trial below.
1Opinion of the Court
Edmiston, Judge.
An action of assumpsit was brought in the circuit court of Wood county against the plaintiff in error to recover the balance claimed to be due the defendant in error on an account. The summons was issued on the fourth day of October, 1873, returnable to the first Monday in the same month, went into the hands of the sheriff, and was, by him, returned, “no inhabitant of my bailiwick.”
At October rules the declaration was filed, and with it an account specifying the items that he would seek to prove upon the trial.
At October rules an order of publication was awarded, and at…
2Cases cited7 opinions
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
- Gracie v. PalmerSupreme Court of the United States · 1823
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- Sheehan v. LevyWashington Supreme Court · 1890
- Harvey v. SkipwithSupreme Court of Virginia · 1863
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3Cited by13 opinions
- Mahany v. KephartWest Virginia Supreme Court · 1879
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- Chapman v. MaitlandWest Virginia Supreme Court · 1883
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