Hoffman v. Shields
West Virginia Supreme Court
This cause came from the circuit court of Taylor county. The bill was filed at July rules, 1864. The complainant sought to sell the real estate of the defendant, Thomas A. Hoffman, on account of having paid to John A. Rightmire and Isaac Carder, the amount of a judgment obtained by them on an injunction bond of the defendant Hoffman, in which the complainant was his surety. Rightmire and Carder were not made parties to the bill.
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This cause came from the circuit court of Taylor county. The bill was filed at July rules, 1864. The complainant sought to sell the real estate of the defendant, Thomas A. Hoffman, on account of having paid to John A. Rightmire and Isaac Carder, the amount of a judgment obtained by them on an injunction bond of the defendant Hoffman, in which the complainant was his surety. Rightmire and Carder were not made parties to the bill. It also failed to make all of the other judgment creditors of Hoffman, some of whom were non residents, parties. The order of publication, which was held insufficient…
1Opinion of the CourtMaxwell, J.
The first ground assigned as error is, that Rightmire and Carder, two of the home defendants, were not served with process, and that the order of publication was not duly executed against the non resident defendants, at the time the decree of the 29th of May, 1865, was rendered. It is objected, however, that Rightmire and Carder were not necessary parties. That they are necessary parties is not an open question. Conway v. Odbert, 2 W. Va. Rep., 25. And being necessary parties, it was error to proceed to render the decree complained of without having them before the court.
It is also objected…
2Cited by13 opinions
- Neely v. JonesWest Virginia Supreme Court · 1880
- Osburn v. StaleyWest Virginia Supreme Court · 1871
- Vance Shoe Co. v. HaughtWest Virginia Supreme Court · 1895
- Douglass v. Town of HarrisvilleWest Virginia Supreme Court · 1876
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
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