Callaghan's Adm'r v. Circle
West Virginia Supreme Court
An appeal from a decree of the circuit court of Green-brier county, rendered on the 22d day of June, 1876, in three causes, in said court then pending, which were heard together; in the first of which John Callaghan’s admin- ® ^ ® istrator, was plaintiff and Daniel Circle was defendant; 7 1 in the second Daniel Circle’s executor was plaintiff and John Callaghan’s administrator was defendant; and in the third George Alphin was plaintiff, and Daniel Circle’s executor! and…
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An appeal from a decree of the circuit court of Green-brier county, rendered on the 22d day of June, 1876, in three causes, in said court then pending, which were heard together; in the first of which John Callaghan’s admin- ® ^ ® istrator, was plaintiff and Daniel Circle was defendant; 7 1 in the second Daniel Circle’s executor was plaintiff and John Callaghan’s administrator was defendant; and in the third George Alphin was plaintiff, and Daniel Circle’s executor! and others were defendants, granted on the petition of George Alphin, David O. Kelly and T. G. Putnam. Green, President,…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first question presented by the record is, have the appellants, creditors of Daniel Circle, and parties to the last of the three suits, that of Alphin v. Circle’s ex’or and others, but not parties to either of the other two suits, any right to appeal from this decree of June 22, 1876, entered in the three suits which were heard together but not consolidated? The cases of Kyle’s ex’or v. Kyle, 1 Gratt. 526, and Hill et ux. v. Proctor, 10 W. Va. 59, show that there are cases in which an appeal may be taken from a decree entered in two…
2Cases cited4 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
- Monroe v. BartlettWest Virginia Supreme Court · 1873
- Johnson v. YoungWest Virginia Supreme Court · 1877
- Kyle's ex'or v. KyleSupreme Court of Virginia · 1844
3Cited by2 opinions
- Curlett v. NewmanWest Virginia Supreme Court · 1887
- Sturm v. FlemingWest Virginia Supreme Court · 1883