Tracy v. Cloyd
West Virginia Supreme Court
This was an action of trover and conversion brought by Howland J. Tracy against Joseph Cloyd and Thomas G. Shannon, in the circuit court of Mercer county, in which a supersedeas was granted to the judgment and order of said circuit court, upon the petition of the plaintiff below. The case is sufficiently stated by Haymond, Judge, in his opinion. Jackson ex dem.
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This was an action of trover and conversion brought by Howland J. Tracy against Joseph Cloyd and Thomas G. Shannon, in the circuit court of Mercer county, in which a supersedeas was granted to the judgment and order of said circuit court, upon the petition of the plaintiff below. The case is sufficiently stated by Haymond, Judge, in his opinion. Jackson ex dem. Haines v. Woods ei al., 5 Johns., 278 ; Hening v. Hoppock, 15 N. Y. (1 Smith), 413; Hilliard on Torts,' 243, 245, 246; Elliot v. McKay, 4 Jones, 59; Hillard on Torts, p. 246, sec. 9, 10 ; lb., p. 269, sec. 26 ; 1 Bush (Ky.), 355 ; 2…
1Opinion of the Court
HaymoNd, Judge :
This is an action of trover and conversion. It is true the declaration at its commencement says that’“How-land J. Tracy complains of Joseph Cioyd and Thomas G. Shannon, who have been summoned to answer him of a plea of trespass on the case, but the count in the declaration, and there is but one, is the com*21mon count in trover and conversion. The declaration seeks to recover from the defendants the value of seven head of cattle, the property of the plaintiff, this is clearly the object of the suit. The value of the cattle is alleged to be $1000.00, and the plaintiff's damages…
2Cases cited1 opinion
- Brien v. WilliamsonMississippi Supreme Court · 1843
3Cited by8 opinions
- Stone v. RudolphWest Virginia Supreme Court · 1944
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Henry v. DavisWest Virginia Supreme Court · 1878
- Pence v. BryantWest Virginia Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.