Beckley v. Palmer
Supreme Court of Virginia
This was a suit in equity by Alfred Beckley against W. Palmer, William Tyree and another. The bill was addressed to the judge of the Circuit court of Raleigh county. It alleged that the appellee Palmer had recovered a judgment for a large amount in the Circuit court of Payette county, against the appellant and one Waite.
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This was a suit in equity by Alfred Beckley against W. Palmer, William Tyree and another. The bill was addressed to the judge of the Circuit court of Raleigh county. It alleged that the appellee Palmer had recovered a judgment for a large amount in the Circuit court of Payette county, against the appellant and one Waite. That upon said judgment an execution issued and a forthcoming bond was given by the defendants, with a third person, 'as surety: that said bond was forfeited, and execution was awarded thereon; and that after the issuing of the execution the whole amount of the debt had been…
1Opinion of the CourtLee, J.
The first question that seems to require consideration in this case is, whether the Circuit court of Raleigh county had jurisdiction of the cause. It was a bill praying an injunction to a judgment of the Circuit court of Eayette county, upon the ground of payment or satisfaction by levy on sufficient property of the principal debtor, whilst a previous execution was in the hands of the sheriff of Eayette county. It did not call in question the equity of the judgment originally, but insisted that it was now inequitable that it should be further executed.
The solution of this question depends on…
2Cited by23 opinions
- Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Wayland Oil & Gas Co. v. RummelWest Virginia Supreme Court · 1916
- Jones v. BradshawSupreme Court of Virginia · 1863
- Salamone v. KeileySupreme Court of Virginia · 1885
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