Supervisors of Jackson Co. v. Leonard
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Mason, rendered on the 16th day of April, 1878, in an action of covenant in said court then pending, wherein the Supervisors of Jackson ' county were plaintiffs and George K. Leonard and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Mason, rendered on the 16th day of April, 1878, in an action of covenant in said court then pending, wherein the Supervisors of Jackson ' county were plaintiffs and George K. Leonard and others were defendants, allowed upon the petition of said defendants. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. Moore, Judge, furnishes the following statement of the case : This is an action of covenant, brought by the supervisors against George K. Leonard and others in the…
1Opinion of the Court
Moore, Judge,
delivered the following opinion of the Court:
The seeming contrariety of opinion upon the subject before us, induces me to give more full quotation from judges and text-writers than is, perhaps, really necessary in solving the question presented by this case. In Graham v. Bickham, 4 Dall. 149, defendant, by a written agreement not under seal, agreed to pay Graham $22,318.49 in specie, for $17,344.76, six per cents of the United States, and bound himself, “for the faithful performance” of the agreement, in the sum of £1,000, “to be paid to said Graham, or his order,” in case the…
2Cases cited8 opinions
- Hallett v. WylieNew York Supreme Court · 1808
- Commonwealth v. ChandlerMassachusetts Supreme Judicial Court · 1814
- Harris v. NicholasSupreme Court of Virginia · 1817
- Graham v. BickhamSupreme Court of the United States · 1796
- Beasley v. GillespieCourt of Appeals of Kentucky · 1816
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stuart v. CarterWest Virginia Supreme Court · 1916
- State Ex Rel. Stout v. RogersWest Virginia Supreme Court · 1949
- State Ex Rel. Bush v. CardenWest Virginia Supreme Court · 1932
- Natural Gas Co. v. HealyWest Virginia Supreme Court · 1889
- City of Beckley v. MoranCourt of Appeals for the Fourth Circuit · 1932
4 more not listed; retrieve them via the Exa API.