Vandiver v. Roberts
West Virginia Supreme Court
A motion to quash a notice because the return of the sheriff was not sufficient; from Mineral county. Judgment was rendered on the notice on the 22d day of October, 1869. The opinion of Judge Moore sufficiently states the ground of the motion.
1Opinion of the CourtMoore, J.
The return and amended return made by the sheriff, of his service of the notice for judgment on theun-*494dertaking, so far as the defendant William Yandiver is concerned, are fatally defective.
The original or first return is as follows: “I have served the within summons on the within named E. L. Blackburn, by delivering copy to him in person, and served on Wm. Vandiver by leaving copy with a member of his family over the age of 16 years, Sept. 80th, 1869.” The amended return is in these words: “I have served the within notice on the within named E. L. Blackburn, by delivering an office copy to…
2Cited by12 opinions
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- Levine v. HeadleeWest Virginia Supreme Court · 1964
- Beane v. DaileyWest Virginia Supreme Court · 2010
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