Pendleton v. Smith
West Virginia Supreme Court
On tlie 9tli day of September, 1861, William K. Pendleton brought an action of debt in tlie county court of Brooke, to recover from Joseph IT. Pendleton and Joseph W. Pendleton, two thousand dollars; on the same day he caused an attachment to issue from the same office, under the 1 sec. of chap. 151 of the Code of Virginia (1860), which was signed by “S. Gr. Naylor, deputy clerk.”
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On tlie 9tli day of September, 1861, William K. Pendleton brought an action of debt in tlie county court of Brooke, to recover from Joseph IT. Pendleton and Joseph W. Pendleton, two thousand dollars; on the same day he caused an attachment to issue from the same office, under the 1 sec. of chap. 151 of the Code of Virginia (1860), which was signed by “S. Gr. Naylor, deputy clerk.” The sheriff of Brooke county returned the attachment with the endorsement, that he levied on the 18th day of September, 1861, on a tract of land containing twelve acres, situated on Buffalo creek, and also served a…
1Opinion of the CourtHarrison, J.
This is a -controversy between attaching creditors of Joseph If. Pendleton and Joseph W. Pendleton, seeking to subject their estates to the paymeht of the debts mentioned in the proceedings.
On the 9th day of September, 1861, William K. Pendleton sued out of the clerk’s office of Brooke county court, a summons against Joseph PL. Pendleton and Joseph W. Pendleton, in debt, for two thousand dollars, made returnable to. the ensuing October rules. On the summons the sheriff returned on the 30th day of September, 1861, that ’the defendants were not inhabitants of his bailiwick. On the same 9th day…
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