Alford v. Moore's Adm'r
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court of the county of Cabell, rendered on the 5th day of July, 1875, in a cause in said court then pending, wherein John Alford was plaintiff and Willson B. Moore’s administrator and others were defendants, allowed upon the petition of the said Alford. Hon. Evermont Ward, judge of the ninth 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 Cabell, rendered on the 5th day of July, 1875, in a cause in said court then pending, wherein John Alford was plaintiff and Willson B. Moore’s administrator and others were defendants, allowed upon the petition of the said Alford. Hon. Evermont Ward, judge of the ninth judicial circuit rendered the decree appealed from. JOHNSON, Judge, furnishes the following statement ' of the case : ' At January rules, 1875, in the circuit court of Cabell county, John Alford filed his bill in chancery against George F. Miller and…
1Opinion of the CourtJohnson, Judge
The recitals of the decree contradict this position. The decree recites: “This cause came on to be heard upon the bill, amended bill, exhibits, depositions, &c., and upon the motion to dissolve the injunction.” The motion to dissolve the injunction on the 23d day of June, 1875, was set down for argument on the next morning, the 24th day of June; but the record does not show it was heard on that day, and on the 5th day of July the cause was finally heard, without any objection from the plaintiff. As the answer of the defendants to the original and supplemental bills had been filed at that…
2Cases cited4 opinions
- Smith v. McLainWest Virginia Supreme Court · 1877
- Brakeley v. TuttleWest Virginia Supreme Court · 1868
- Tilden v. MaslinWest Virginia Supreme Court · 1872
- Hough v. ShreeveSupreme Court of Virginia · 1815
3Cited by10 opinions
- Wolf v. McGuginWest Virginia Supreme Court · 1893
- Braden v. ReitzenbergerWest Virginia Supreme Court · 1881
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Ensign Co. v. CarrollWest Virginia Supreme Court · 1887
- Graham v. Citizens' Nat. Bank of ParkersburgWest Virginia Supreme Court · 1898
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