Lazzell v. Mapel
West Virginia Supreme Court
Stephen Mapel, assignee of Amos S. Boiolby, brought suit on the 17th day of August, 1859, in the county court of Monongalia county, against W. P. Lazzell, M. N. Pymer, J. 8. Ijazzell, Thos. Lazzell, and G. C. Lazzell, on a note dated November 6th, 185C, whereby they promised to pay to the order of said Bowlby, fifteen hundred dollars, with interest from date. The writ was executed on all the defendants except Pymer, who was returned by the sheriff, no inhabitant.
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Stephen Mapel, assignee of Amos S. Boiolby, brought suit on the 17th day of August, 1859, in the county court of Monongalia county, against W. P. Lazzell, M. N. Pymer, J. 8. Ijazzell, Thos. Lazzell, and G. C. Lazzell, on a note dated November 6th, 185C, whereby they promised to pay to the order of said Bowlby, fifteen hundred dollars, with interest from date. The writ was executed on all the defendants except Pymer, who was returned by the sheriff, no inhabitant. There was a credit endorsed on the note of one hundred dollars, on the 4th of December, 1858. The office j udgment in the cause was…
1Opinion of the CourtBrown, J.
This is an action of debt, prosecuted by the defendant in error against the plaintiff’s in error and Martin N. Rymer, founded on a promissory note for $1,500. The summons having been served on all the defendants except Rymer, an office judgment was had against them, which they set aside in October, 1859, by filing the plea of payment and the plea of usury; on which issues were joined.
The summons having been returned not found, as to the eaid Rymer, an alias summons was awarded against him, which being returned executed, an office judgment was had against him at the August rules 1862, and…
2Cited by3 opinions
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