Burns v. Hays
West Virginia Supreme Court
Appeal from Circuit Court, Lewis County. Bill by Burns Bros, and others against George W. Hays and others to subject lands. From a decree for plaintiffs, defendants appeal.
1Opinion of the Court
Brannon, President:
The point is made with confidence that, though this suit began before the statute requiring that before a suit can be brought to enforce a judgment lien there must be a fierifacias returned unsatisfied, that statute will dismiss the suit, unless an amendment can be made to allege that fact; and that, as the bill contains no such allegation, the demurrer should have been sustained, and the decree is to be reversed. Code, c. 139, s. 7, as it was before the act of 1891 amending it, gave a right to sue in equity to enforce a judgment lien, and the act of 1891 amending and…
2Cases cited9 opinions
- State v. MinesWest Virginia Supreme Court · 1893
- Moore v. McNuttWest Virginia Supreme Court · 1896
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Bartlett v. CleavengerWest Virginia Supreme Court · 1891
- Curran v. OwensWest Virginia Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dunfee v. ChildsWest Virginia Supreme Court · 1898
- Taylor v. State Compensation CommissionerWest Virginia Supreme Court · 1955
- Jenkins v. HeaberlinWest Virginia Supreme Court · 1929
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- State Ex Rel. Betts v. ScottWest Virginia Supreme Court · 1980
11 more not listed; retrieve them via the Exa API.