Legal Opinion

McClaskey v. O'Brien

West Virginia Supreme Court

Decided December 20, 1879PublishedCited by 28 opinions

Appeal from and supersedeas to a decree oí the circuit court of tbe county of Barbour, rendered on the 17th day of April, 1871, in two causes in said court then pending, in one of which McClaskey and others were plaintiffs, and O’Brien and others were defendants, and in the other Hart for use of Lowds was plaintiff, and O’Brien and others were defendants, allowed upon the petition of said defendants.

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Appeal from and supersedeas to a decree oí the circuit court of tbe county of Barbour, rendered on the 17th day of April, 1871, in two causes in said court then pending, in one of which McClaskey and others were plaintiffs, and O’Brien and others were defendants, and in the other Hart for use of Lowds was plaintiff, and O’Brien and others were defendants, allowed upon the petition of said defendants. Hon. Thomas W. Harrison, late judge .of the sisth judicial circuit, rendered the decree appealed from. The facts of the ease are fully stated in the opinion ot the court. cited the following…

1Opinion of the Court

Haymond, Judg e,

delivered the opinion of the Court:

These are suits in equity brought and prosecuted in the circuit court of the county of Barbour. The suits were commenced on the- day of-, 1860; and the original bills were filed the same year. The plaintiffs in the first named case state in their bill the name of each member of their said firm. They allege that at the spring term, 1858, of the circuit court of Barbour county they, in their firm name, recovered a judgment against Emmitt J. O’Brien and Daniel O’Brien, partners in business under the firm name and style of E. J. & D. O’Brien, for…

2Cases cited19 opinions

  1. Hughes v. EdwardsSupreme Court of the United States · 1824
  2. James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Overholser v. ClarkTennessee Supreme Court · 1850
  4. Marling v. RobrechtWest Virginia Supreme Court · 1878
  5. Cooper v. BiglyMichigan Supreme Court · 1865

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3Cited by28 opinions

  1. Bank of Marlinton v. McLaughlinWest Virginia Supreme Court · 1941
  2. McNeil v. MillerWest Virginia Supreme Court · 1887
  3. Hoffman v. RyanWest Virginia Supreme Court · 1883
  4. Arnold v. KnappWest Virginia Supreme Court · 1915
  5. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851

23 more not listed; retrieve them via the Exa API.

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