Ralphsnyder v. Ralphsnyders
West Virginia Supreme Court
Appeal from and super.sedeas to a decree of the circuit court of the county of Monongalia, reudered ou the 22d of September, 1876, in a cause ía said court then pend-iug, wherein Catharine R. Ralphsuyder was plaintiff, and Alpha and William Ralphsnyder were defendants, allowed upon the petition of the said defendants.
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Appeal from and super.sedeas to a decree of the circuit court of the county of Monongalia, reudered ou the 22d of September, 1876, in a cause ía said court then pend-iug, wherein Catharine R. Ralphsuyder was plaintiff, and Alpha and William Ralphsnyder were defendants, allowed upon the petition of the said defendants. Hon. Charles S. Lewis, late judge of the second judi-cialcircnit, rendered the decree appealed from, Moore, Judge, furnishes the following statement of the Case : This cause, which is now presented for our consideration upon an appeal from and supersedeas to a decree l'endered…
1Opinion of the CourtMoore, Judge
It is urged by the appellants as the first ground error, that the complainant had a plain and full remedy at law, and that a court of equity had no jurisdiction in *38the premises, therefore the demurrer to the bill should have been sustained.
Syllabus 1 Syllabus 2.
It is true, that under the Code of 1868, chapter seventy one, section two, the complainant, Catharine Ralph-snyder, might have maintained in her own name an action on the bond ; and of course the administrator of John M. Ralphsnyder could at common law have maintained an action thereon for her benefit; but that does not deprive…
2Cases cited1 opinion
- Bower's v. GlendeningSupreme Court of Virginia · 1814
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