State v. Smoot
West Virginia Supreme Court
Error to Circuit Court, Tucker County. Action by the State of West Virginia against W. A. Smoot, Davis Trust Company, executor, and others. Judgment for plaintiff, and defendant Davis Trust Company, executor, brings error.
1Opinion of the Court
POEEENBARGER, PRESIDENT :
The Davis Trust Company, executor of the will of B. L. Hinkle who was surety in a bond or recognizance given by W. A. Smoot, in a criminal proceeding pending in a justice’s •court, complains of the judgment rendered thereon by the Circuit Court of Tucker County, Smoot having failed to appear in discharge thereof.
The defensive matters relied upon are highly technical and formal in character. An order purporting to forfeit the recognizance was entered, Dec. 6, 1916, and, on April 7, 1917, a writ of scire facias was issued against Smoot and the Davis Trust Company,…
2Cases cited6 opinions
- People v. EdwardsCalifornia Supreme Court · 1858
- State v. TuckerWest Virginia Supreme Court · 1903
- People v. EvansCalifornia Supreme Court · 1866
- State v. DorrWest Virginia Supreme Court · 1906
- State ex rel. Treasure Stove Works v. ProudfootWest Virginia Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Yost v. ScouszzioWest Virginia Supreme Court · 1943
- State v. ArringtonWest Virginia Supreme Court · 1963
- State v. SmithWest Virginia Supreme Court · 1925
- Haller v. DigmanWest Virginia Supreme Court · 1933