Legal Opinion

Petty v. Fogle

West Virginia Supreme Court

Decided April 24, 1880PublishedCited by 15 opinions

Appeal from and supersedeas to a decree of the circuit court of the county of Wood, rendered on the 13th day of March, 1877, in a cause in said court then pending, wherein E. W. Petty was plaintiff, and E. D. Fogle and others were defendants, allowed upon the petition of said Petty. Pión. J. M. Jackson, judge of the fifth 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 Wood, rendered on the 13th day of March, 1877, in a cause in said court then pending, wherein E. W. Petty was plaintiff, and E. D. Fogle and others were defendants, allowed upon the petition of said Petty. Pión. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Haymond, Judge, furnishes the following statement of the case: In 1874 the plaintiff filed his bill against the defendants in the circuit court of the county of Wood, which is as follows viz: “ To the Hon. J. M. Jackson,…

1Opinion of the CourtPIaymond, Judge

Regarding the exhibits A and C filed with the bill as a part thereof, it seems to me that the bill fails to show sufficient matter to give a court of equity jurisdiction thereof, as to the parties of the second part to exhibit A. in the bill mentioned; and that it does show on its face that there is an adequate and complete remedy at law as to the matters of taxes sought to be recovered in this cause by the bill against said-parties of the second part to said exhibit A, if auy recovery can or ought in fact to be had upon said matters or any part thereof in any court against said parties of…

2Cases cited4 opinions

  1. Fowle v. Lawrason'sSupreme Court of the United States · 1831
  2. Lafever v. BillmyerWest Virginia Supreme Court · 1871
  3. Sanborn v. BraleySupreme Court of Vermont · 1874
  4. Trustees of the Presbyterian Church v. MansonCourt of Appeals of Virginia · 1826

3Cited by15 opinions

  1. Bettman v. HarnessWest Virginia Supreme Court · 1896
  2. Yates v. Stuart's Adm'rWest Virginia Supreme Court · 1894
  3. County Court of Raleigh County v. CottleWest Virginia Supreme Court · 1918
  4. Grafton v. ReedWest Virginia Supreme Court · 1885
  5. Sprinkle v. DutyWest Virginia Supreme Court · 1904

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