Legal Opinion

Spang v. Robinson

West Virginia Supreme Court

Decided May 3, 1884PublishedCited by 6 opinions

Green, Judge, furnishes the following statement of the case: At the February term 1856, of the county court of Ohio, Charles F. Spang and James McAuley, partners under the name of Spang & Co. recovered of Jamos H. Robinson one thousand and sixty-one dollars and twenty-nine cents, with interest thereon from November 30, 1853, till paid and four•teen dollars and seven cents costs.

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Green, Judge, furnishes the following statement of the case: At the February term 1856, of the county court of Ohio, Charles F. Spang and James McAuley, partners under the name of Spang & Co. recovered of Jamos H. Robinson one thousand and sixty-one dollars and twenty-nine cents, with interest thereon from November 30, 1853, till paid and four•teen dollars and seven cents costs. A writ of fieri facias issued on this judgment, and the plaintiffs wishing to ascertain the estate, on which said fieri facias was a lieu propounded certain interrogatories to the defendant on September 26, 1867; and…

1Opinion of the Court

Green, Judge.

The determination of this case depends on the true meaning of chapter 188 of the Code of Virginia (see edition of 1860 p. 777) as to the power of the commissioner to compel a judgment-debtor, who in answer to interrogatories has stated that he owned a chose in action, to assign it by a written assignment under his hand and seal to the sheriff of the county, in whose hands is the fieri facias, in trust for the use of the plaintiff in such execution to the extent of his judgment, interest and costs, the residue of the moneys arising from the chose action when collected by the…

2Cases cited2 opinions

  1. Werdenbaugh Adm'r v. ReidWest Virginia Supreme Court · 1882
  2. Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876

3Cited by6 opinions

  1. State v. MinesWest Virginia Supreme Court · 1893
  2. State v. KellerWest Virginia Supreme Court · 1914
  3. In re RandolphDistrict Court, N.D. West Virginia · 1911
  4. Paine v. TutwilerSupreme Court of Virginia · 1876
  5. Paine v. TutwilerSupreme Court of Virginia · 1876

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