Ambler v. Leach
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Wood, rendered on the 12th day of October, 1878, in a cause in said court then pending, wherein B. M. Ambler, trustee, was plaintiff, and Thompson Leach and others were defendants, allowed upon the petition of said Ambler.
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Appeal from and supersedeas to a decree of the circuit court of the county of Wood, rendered on the 12th day of October, 1878, in a cause in said court then pending, wherein B. M. Ambler, trustee, was plaintiff, and Thompson Leach and others were defendants, allowed upon the petition of said Ambler. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. . Green, President, furnished the following statement of the case : At the fall term, 1869, an office-judgment was confirmed by the circuit court of Wood county in favor of James M. Stephenson, Thompson…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first question presented by this record is: Was the judgment of the circuit court of the fall term, 1869, null and void, because the summons in the suit in which such judgment was rendered was blank as to its date, and because it was not signed by the clerk or his deputy ? The appellant’s counsel claims that it is absolutely void, and should be so pronounced by this Court; while the appellees claim that it was only voidable by plea in abatement, or motion to quash it in the original suit, or at furthest by having the judgment set aside…
2Cases cited19 opinions
- Harris v. HardemanSupreme Court of the United States · 1853
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- Starr v. Trustees of RochesterNew York Supreme Court · 1831
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3Cited by34 opinions
- In re Estate of JamesCalifornia Supreme Court · 1893
- State ex rel. Vance v. ArthurWest Virginia Supreme Court · 1957
- Burlew v. QuarrierWest Virginia Supreme Court · 1880
- Hoback v. MillerWest Virginia Supreme Court · 1898
- Tennant's Heirs v. FrettsWest Virginia Supreme Court · 1910
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