Zane v. Fink
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Ohio, rendered on the 23d day of March, 1878, in a cause in chancery in said court then pending, wherein James W. Zane was plaintiff, and John Fink and others were defendants, allowed upon the petition of said Zane. Hon. T. Melvin, judge of the first judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court of the county of Ohio, rendered on the 23d day of March, 1878, in a cause in chancery in said court then pending, wherein James W. Zane was plaintiff, and John Fink and others were defendants, allowed upon the petition of said Zane. Hon. T. Melvin, judge of the first judicial circuit, rendered the decree appealed from. HaymoND, Judge, furnishes the following statement of the case : Qn the 4th day of April, 1873, the plaintiff'commenced his suit in equity against the defendants in the circuit court of the county of Ohio in this…
1Judgment of the CourtHaymoND, Judge
The counsel for the appellees in this case claims in his argument and printed brief, that “ the very act of Sawtell purchasing out the sole plaintiff abated the suit,” and claims also> that plaintiff has no further interest in the subject-matter of the suit and cannot therefore ask this Court to have the final decree of dismissal reviewed. The counsel for appellees also says in his brief: “ I conceive the court committed an error in compelling the defendants to litigate the matter with J. W. 'Zane, after he parted with all of his interest in the subject-matter in this suit. To say the least…
2Cases cited22 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
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- Owens v. Owens's Adm'rWest Virginia Supreme Court · 1878
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3Cited by25 opinions
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- State v. TaylorWest Virginia Supreme Court · 1905
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
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- Seabright v. SeabrightWest Virginia Supreme Court · 1886
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