Lewis v. Rosler
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Kanawha, rendered on the 13th day of June, 1878, in a cause in said court then pending, wherein Charles C. Lewis, Receiver, was plaintiff, and J. H. Rosier, Sheriff, and another were defendants, allowed upon the appeal of Jesse H. Grogan. Hon. J. Smith, judge of the seventh 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 Kanawha, rendered on the 13th day of June, 1878, in a cause in said court then pending, wherein Charles C. Lewis, Receiver, was plaintiff, and J. H. Rosier, Sheriff, and another were defendants, allowed upon the appeal of Jesse H. Grogan. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decree appealed from. Moore, Judge, furnishes the following statement of the case: On the 5th day of April, 1878, C. C. Lewis, as receiver of the Splint Coal Company, filed in the clerk’s office of the circuit court…
1Opinion of the CourtMoore, Judge
This proceeding on the part of Lewis, as receiver, against Rosier as sheriff, and Grogan, in whose favor the ft. fa. had issued, is clearly a proceeding auxiliary to the chancery cause of Stribling, trustee, &c., v. Splint Coal Company et al, pending in the circuit court. If Lewis, as receiver, had reason to believe that the property, levied on and about to be sold under the ft. fa. in favor of Grogan, was part of the property which the court had placed in his keeping and control, it was his duty to bring the matter to the attention of the court, and seek *341its aid in protecting the property;…
2Cases cited1 opinion
- Pickerell v. CarsonSupreme Court of Iowa · 1859