Morgan v. Hale
West Virginia Supreme Court
Supersedeas to a judgment, rendered by the circuit court of Kanawha county, on the 11th day of December, 1874, in an action in debt, in which Philip W. Morgan, sheriff, for the use of Hezekiah Scott, was plaintiff, and J. P. Hale, Isaac N. Smith and Charles C. Lewis were defendants, granted on the petition of said defendants.
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Supersedeas to a judgment, rendered by the circuit court of Kanawha county, on the 11th day of December, 1874, in an action in debt, in which Philip W. Morgan, sheriff, for the use of Hezekiah Scott, was plaintiff, and J. P. Hale, Isaac N. Smith and Charles C. Lewis were defendants, granted on the petition of said defendants. JOHNSON,' Judge, furnishes the following statement of the case: Philip W. Morgan, sheriff of Kanawha county, filed his declaration in debt at May rules, 1872, in the circuit court of Kanawha county, for the use of Hezekiah Scott against J. P. Hale, Isaac N. Smith, and…
1Opinion of the CourtJohnson, Judge
The first question to be considered is, should the demurrer to the declaration have been overruled ? And this raises the question, was the bond declared upon good as a statutory bond; and if not was it a good common law bond? Was there at the date of such bond any statute in our State authorizing such a bond to be taken ?
The only statutory authority under which it is claimed such a bond- could be taken by the sheriff-, is chapter 107 of the Code; section 4 of said chapter, relied on as such authority by counsel for defendant in error, is as follows : “If any officer levy or is required to…
2Cases cited6 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Penter v. Staight & BeaversWashington Supreme Court · 1890
- Stevenson v. MillerCourt of Appeals of Kentucky · 1822
- Porter's Ex'rs v. DanielsWest Virginia Supreme Court · 1877
- Acker v. BurrallNew York Supreme Court · 1839
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3Cited by6 opinions
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Harrington's Administrator v. CrawfordMissouri Court of Appeals · 1895
- State ex rel. Johnson v. JohnsonWest Virginia Supreme Court · 1886
- Ward v. ChurnSupreme Court of Virginia · 1868
- Ward v. ChurnSupreme Court of Virginia · 1868
1 more not listed; retrieve them via the Exa API.