Snyder v. Martin
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Greenbrier, rendered on the 15th day of June, 1878, in a cause in said court then pending, wherein A. C Snyder was plaintiff and O. C. Martin and others were defendants, allowed upon the petition of said Snyder. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of the county of Greenbrier, rendered on the 15th day of June, 1878, in a cause in said court then pending, wherein A. C Snyder was plaintiff and O. C. Martin and others were defendants, allowed upon the petition of said Snyder. Hon. Homer A. Holt, judge of the eighth judicial circuit, rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: In April, 1878, the plaintiff, Snyder, filed his bill for the enforcement of a judgment-lien against O. C. Martin and others in the circuit court of Greenbrier county. The…
1Opinion of the Court
JohnsoN, Judge.
After the plaintiff upon his own motion had the cause set down for hearing, and it was actually heard upon the bill, answers and exhibits, anda decree had been directed dismissing the bill, could the plaintiff then as a matter of right, reply to one of the answers ? Section 50 of chapter 125 of the Code provides, that “ a plaintiff in equity may at or after the rule day, at which the bill is taken for confessed as to any defendant, or at which his answer is filed, have the cause set for hearing as to such defendant; and it may be so set for hearing on the answer, or upon a…
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