Woodyard v. Poisley
West Virginia Supreme Court
.Appeal'from and supersedeas to a decree of the circuit ooart of Kanawha county, rendered on the 13th day of June, 1876, in a cause in chancery in said court then pending, wherein Levi J. Woodyard was plaintiff, and Daniel Polsley, administrator, and bthors were defendants, awarded on the petitions of James M. Laidley and Daniel Polsley. Hon. Joseph Smith,-judge, of the seventh judicial circuit., rendered the decree appealed from.
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.Appeal'from and supersedeas to a decree of the circuit ooart of Kanawha county, rendered on the 13th day of June, 1876, in a cause in chancery in said court then pending, wherein Levi J. Woodyard was plaintiff, and Daniel Polsley, administrator, and bthors were defendants, awarded on the petitions of James M. Laidley and Daniel Polsley. Hon. Joseph Smith,-judge, of the seventh judicial circuit., rendered the decree appealed from. Johnson, Judge, furnishes the following statement of the case: A suit in chancery was brought in 1867 by the plaintiff against the administrator of J. J. Polslcy,…
1Opinion of the CourtJohnson, Judge
The general rule is, that when an interlocutory decree is pronounced, settling the principles involved in the issue in the cause, that it should be corrected in the court below upon a petition for a rehearing. Manion v. Fahy, 11 W. Va. 491, but it may be that more latitude is allowed the court, where there is pending a creditors’ suit and the object of the court is to distribute the funds to the parties entitled to receive the same.
The first question to be determined is, as to the correctness of the decree of June 13, 1876. That decree gave the plaintiff priority over Polsley, and disallowed…
2Cases cited9 opinions
- Stephenson v. TavernersSupreme Court of Virginia · 1852
- Laidley v. KlineWest Virginia Supreme Court · 1875
- Manion v. FahyWest Virginia Supreme Court · 1877
- Clarke v. HogemanWest Virginia Supreme Court · 1878
- Harvey's Adm'r v. Steptoe's Adm'rSupreme Court of Virginia · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Werdenbaugh Adm'r v. ReidWest Virginia Supreme Court · 1882
- Continental Trust Co. v. Toledo, St. L. & K. C. R.U.S. Circuit Court for the District of Northern Ohio · 1897
- Laidley v. Kline's Adm'rWest Virginia Supreme Court · 1884
- Rowan v. ChenowethWest Virginia Supreme Court · 1901
- Stiles v. Laurel Fork Oil & Coal Co.West Virginia Supreme Court · 1900
13 more not listed; retrieve them via the Exa API.