Kent, Paine & Co. v. Chapman
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the circuit court of the county of Mercer, one rendered on the 6th day of May, 1873, and the other on the 5th day of May, 1874, in a cause in said court then pending, wherein Kent, Paine & Company were plaintiffs, and A. A. Chapman and others were defendants, allowed upon the petition of said plaintiffs. Hon. Evermont "Ward, judge of the ninth judicial circuit, rendered, the decrees appealed from.
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Appeal from and supersedeas to two decrees of the circuit court of the county of Mercer, one rendered on the 6th day of May, 1873, and the other on the 5th day of May, 1874, in a cause in said court then pending, wherein Kent, Paine & Company were plaintiffs, and A. A. Chapman and others were defendants, allowed upon the petition of said plaintiffs. Hon. Evermont "Ward, judge of the ninth judicial circuit, rendered, the decrees appealed from. Green Judge, furnishes the following statement of the case : In 1870, Kent, Paine & Company of Richmond, filed a bill in chancery in the circuit court…
1Judgment of the CourtGreen, Judge
The first point in controversy in this appeal is the amount due on the plaintiffs’ judgment, which they have a right to enforce in this suit. The commissioner made his report of this amount, first by calculating it on the basis of the original judgment of the plaintiffs, afterwards he made a report on the basis of the judgment or award of execution on the forthcoming bond given by the parties. This latter was clearly right; and it was adopted by the court. On this basis the amount due the plaintiffs is $1,234.20 with interest thereon from December 12, 1859, until paid and $4.13 costs. Is this…
2Cases cited4 opinions
- Wiley v. MahoodWest Virginia Supreme Court · 1877
- Vance v. EvansWest Virginia Supreme Court · 1877
- Simmons v. TrumboWest Virginia Supreme Court · 1876
- Jarrett's Admrs. v. LudingtonWest Virginia Supreme Court · 1876
3Cited by14 opinions
- State v. KingWest Virginia Supreme Court · 1908
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Johnson v. GibbonsSupreme Court of Virginia · 1876
- Johnson v. GibbonsSupreme Court of Virginia · 1876
- Johnson v. GibbonsSupreme Court of Virginia · 1876
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