Armstrong v. Wilson
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Taylor, rendered on the 12th day of March, 1878, in a cause in said court then pending, wherein A. Armstrong was plaintiff, and Jacob M. Wilson and others were defendants, allowed upon the petition of said Wilson. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Taylor, rendered on the 12th day of March, 1878, in a cause in said court then pending, wherein A. Armstrong was plaintiff, and Jacob M. Wilson and others were defendants, allowed upon the petition of said Wilson. Hon. A. B. Fleming, judge of the second judicial circuit, rendered the decree appealed from. Johnson, President, furnishes the following statement of the case : In August, 1875, the plaintiff filed his bill in the circuit court of Taylor county against Jacob M. Wilson and a number of other parties,…
1Opinion of the Court
Johnson, PRESIDENT,
announced the opinion of the Court:
The only error here assigned is, that the court erred in dissolving the injunction and dismissing the cross-bill without first correcting the said former decree, and in some form giving petitioner credit for the usurious and unlawful interest charged. *114In Baker v. Oil Tract Company, 7 W. Va. 454, it was held, that in a suit or proceeding by foreign attachment in equity to collect the price of two oil-tanks, it is competent for the defendant to plead and rely upon a breach of warranty or to the quality of the material of the oil-tauks in…
2Cases cited5 opinions
- Manion v. FahyWest Virginia Supreme Court · 1877
- Shields v. McClungWest Virginia Supreme Court · 1873
- Baker v. Oil Tract Co.West Virginia Supreme Court · 1874
- Rose v. BrownWest Virginia Supreme Court · 1881
- Knapp v. SnyderWest Virginia Supreme Court · 1879
3Cited by6 opinions
- Edlis, Inc. v. MillerWest Virginia Supreme Court · 1948
- Evans v. SpurginSupreme Court of Virginia · 1854
- Blair v. DickinsonWest Virginia Supreme Court · 1951
- Tate v. VanceSupreme Court of Virginia · 1876
- Tate v. VanceSupreme Court of Virginia · 1876
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