Commonwealth v. Hall
West Virginia Supreme Court
Supersedeas, granted by a Judge of this Court on the petition of the Commonwealth of Virginia suing for the use of M. P. Amiss, commissioner, relator, who sued for the use of John Hall and Daniel Boughner, late partners under the firm name of Hall & Boughner, the plaintiff below, to a judgment of the circuit court of Wood county rendered on the 23d day of January, 1874, in the name and for the benefit aforesaid, against Cyrus Hall and Lewis A. Phelps, surviving obligors of…
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Supersedeas, granted by a Judge of this Court on the petition of the Commonwealth of Virginia suing for the use of M. P. Amiss, commissioner, relator, who sued for the use of John Hall and Daniel Boughner, late partners under the firm name of Hall & Boughner, the plaintiff below, to a judgment of the circuit court of Wood county rendered on the 23d day of January, 1874, in the name and for the benefit aforesaid, against Cyrus Hall and Lewis A. Phelps, surviving obligors of themselves and E. McClaskey, deceased. The action was founded upon a bond with conditions. The opinion of the Court…
1Opinion of the Court
Paull, Judge :
The plaintiffs bring an action of debt for the recovery of an amount claimed to be due by the defendants on a *260conditional bond given by them for tbe proper discharge duties as commissioners appointed to make sale of land under a decree in chancery.
Defendants plead payment and conditions performed. The parties waiving a jury, the matters of law and evidence arising in the cause were submitted to the court and the court having heard the evidence in full, and the arguments of counsel was of opinion that the plaintiffs are not entitled to recover anything of the defendants in this…
2Cases cited2 opinions
- Carrington v. GoddinSupreme Court of Virginia · 1857
- Pryor v. KuhnSupreme Court of Virginia · 1855
3Cited by6 opinions
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- Coal Run Coal Co. v. CecilWest Virginia Supreme Court · 1923
- Clay v. Alderson's Admr.West Virginia Supreme Court · 1877
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
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