Legal Opinion

Yoakum v. Tilden

West Virginia Supreme Court

Decided January 15, 1869PublishedCited by 12 opinions

At the May term, 1867; of the circuit court of Hardy county, Robert J. Tilden, late sheriff of said county and committed administrator of Michael Yoakum, deceased, and others, his sureties, filed their motion to quash an execution issued against them by Riley Yoakum from the clerk’s office of said court, on the 80th day of April, 1867. From the notice it appears the execution was founded on a decree rendered by said circuit court some ten years before in a suit in equity, in…

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At the May term, 1867; of the circuit court of Hardy county, Robert J. Tilden, late sheriff of said county and committed administrator of Michael Yoakum, deceased, and others, his sureties, filed their motion to quash an execution issued against them by Riley Yoakum from the clerk’s office of said court, on the 80th day of April, 1867. From the notice it appears the execution was founded on a decree rendered by said circuit court some ten years before in a suit in equity, in which Alfred Yoakuip was complainant, and his brother, the said Riley Yoakum, the said Tilden, sheriff of Hardy county,…

1Opinion of the CourtBerkshire, J.

The judgment complained of is founded on a motion to quash a certain writ of fieri facias., in favor *169of the plaintiff in error against the defendants in error, •which issued from the clerk’s office of the circuit court of Hardy county, at the instance of the plaintiff in error. This execution was founded on a decree rendered in said court some ten years previous, in.a suit in equity, in'which Alfred Yoakum was complainant, and his brother, the said Riley Yoakum, the sheriff of Hardy county, as administrator of their deceased father and his sureties were defendants.

It appears, from the record,…

2Cases cited3 opinions

  1. Hitchcock v. HarringtonNew York Supreme Court · 1810
  2. Kenyon v. SquireWashington Supreme Court · 1890
  3. Branch v. BurnleyCourt of Appeals of Virginia · 1797

3Cited by12 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Donahue v. FacklerWest Virginia Supreme Court · 1882
  3. Newman v. KiserIndiana Supreme Court · 1891
  4. Gordon v. City of OmahaNebraska Supreme Court · 1906
  5. Roland v. RolandSupreme Court of Georgia · 1913

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