Paine v. Tutwiler
Supreme Court of Virginia
This was an appeal from a decree of the circuit court of Fluvanna county, rendered on the 12th of April 1872, in a cause in which Thomas H. Tutwiler was plaintiff, and Wm. G. Paine, survivor of Kent, Paine & Kent, and others were defendants, and also from a judgment of the same court between the same plaintiff and Paine survivor defendant.
Read the full summary
This was an appeal from a decree of the circuit court of Fluvanna county, rendered on the 12th of April 1872, in a cause in which Thomas H. Tutwiler was plaintiff, and Wm. G. Paine, survivor of Kent, Paine & Kent, and others were defendants, and also from a judgment of the same court between the same plaintiff and Paine survivor defendant. The case is substantially as follows: In September, 1860, Kent, Paine & Kent, issued their execution from the clerk’s office of the circuit court of Fluvanna, on a judgment on a forfeited delivery bond, against Thomas H. Tutwiler and John P.. Baskett, for…
1Opinion of the CourtAnderson, J.
■The appellee proceeded by bill in equity to perpetually injoin the appellant’s execution, and subsequently by motion in the court of law to quash it pending the injunction. The defendant, in the proceeding at law, moved the court to dismiss the motion, upon the ground, that the plaintiff had elected to proceed in equity in respect of the same matter, which was still pending, and that the court of equity had possession of the cause, and had full power to do justice; but the court refused to dismiss the motion, and gave judgment for the plaintiff for costs, and to quash the execution, and the…
2Cases cited241 opinions
- Ah Lim v. Territory of WashingtonWashington Supreme Court · 1890
- Spokane Truck & Dray Co. v. HoeferWashington Supreme Court · 1891
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- Neely v. JonesWest Virginia Supreme Court · 1880
- Lockhard v. BeckleyWest Virginia Supreme Court · 1877
236 more not listed; retrieve them via the Exa API.