Holt v. Lynch
West Virginia Supreme Court
Appeal from and supersedeas to a judgment of the circuit court of the county of Gilmer, rendered on the 16th day of. March, 1876, in a cause in said court then pending, wherein John F. W. Holt was plaintiff, and George Lynch, Peregrine Hays and Absalom Knotts were the defendants, allowed upon the petition of said defendants. Hon. John Brannon, judge of the sixth judicial circuit, rendered the judgment appealed from.
Read the full summary
Appeal from and supersedeas to a judgment of the circuit court of the county of Gilmer, rendered on the 16th day of. March, 1876, in a cause in said court then pending, wherein John F. W. Holt was plaintiff, and George Lynch, Peregrine Hays and Absalom Knotts were the defendants, allowed upon the petition of said defendants. Hon. John Brannon, judge of the sixth judicial circuit, rendered the judgment appealed from. PattoN, Judge, furnishes the following statement of the case : This was a motion to quash a forfeited forthcoming bond in the circuit court of Gilmer county, on the 16th day of…
1Judgment of the CourtPattoN, Judge
It is obvious, that in taking the bond in this case the sheriff made a considerable mistake in the am'ount of the execution with its interest, his fee for taking the bond and his commission, which together, he recites in the bond, amounted to the sum of $1,019.59 when in fact they aggregate several hundred dollars less than that sum. The court below awarded execution for the amount named in the bond instead of for the correct amount due on the execution, the fee for taking ' the bond and the sheriff’s commissions. This, it would seem, was through inadvertence, as it is not made the subject of…
2Cases cited7 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Erwin's Lessee v. DundasSupreme Court of the United States · 1845
- Scott v. HornsbyCourt of Appeals of Virginia · 1797
- Bell v. MarrCourt of Appeals of Virginia · 1797
- Worsham v. EglestonCourt of Appeals of Virginia · 1797
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Carey & Co. v. Burruss & PitzerWest Virginia Supreme Court · 1882
- Grizzle v. FletcherSupreme Court of Virginia · 1920
- Crim v. RhinehartWest Virginia Supreme Court · 1908
- Paine v. TutwilerSupreme Court of Virginia · 1876
- Paine v. TutwilerSupreme Court of Virginia · 1876
5 more not listed; retrieve them via the Exa API.