Legal Opinion

Elliott v. Bell

West Virginia Supreme Court

Decided April 1, 1893PublishedCited by 10 opinions

cited 4 W. Va. 186; 10 W. Va. 236; Code, p. 451, s. 55; 2 Sto. Eq. Juris, (s. p.) 1432; Bar. Ch’y Pr. 24, 25 ; 1 High Inj. 239; 4 Johns. Ch’y 375 ; 1 Ban. Ch’y Pr. 782; Bar. Ch’y Pr. 177; 27 Graft. 928; 7 W. Va. 690 ; 26 W. Va. 563; 21 W. Va. 83; Code, p. 882; 20 W. Va. 429, 447 ; Bar. Ch’y Pr. 1061.

1Opinion of the Court

Beannon, J udge :

Elliott brought a chancery suit to enforce a judgment recovered by Woodford, Glasscock and Elliott against Bell against Bell’s land ; and, the judgment having been decreed against the land, along with others brought in under a convention of lienors under a commissioner’s report, Bell appeals.

Bell complains that a claim in his favor was not allowed as a set-off. It was a sum of one hundred and two dollars and ten cents paid by him as toll on a turnpike to Woodford, Glasscock and Elliott in excess of the rate prescribed by law. The judgment sued upon was in favor of Woodford,…

2Cases cited3 opinions

  1. Core v. StricklerWest Virginia Supreme Court · 1884
  2. Foutty v. PoarWest Virginia Supreme Court · 1891
  3. Matthews v. DunbarWest Virginia Supreme Court · 1869

3Cited by10 opinions

  1. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  2. Benedum v. First Citizens BankWest Virginia Supreme Court · 1913
  3. Turley v. ThomasNevada Supreme Court · 1909
  4. Hamby v. CollierSupreme Court of Georgia · 1911
  5. Wallace v. PrichardWest Virginia Supreme Court · 1922

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