Volume 10 — West Virginia Reports

Tbis was an appeal from two decrees of tbe circuit court of Kanawba county. Moore, Judge, delivered the opinion of the Court, in which will be found a sufficient statement of the cause. The Hon. Joseph Smith, Judge of the seventh judicial circuit, presided at the hearing below. .

An appeal, by the widow and heirs of Henry C. Sisson, deceased, from a decree of the circuit court of Kanawha county, rendered on the 23d day of June, 1874, in a chancery cause, wherein Thomas A. Vickers was complainant, and the administrator and administratrix, and the widow and heirs at law of Henry C. Sisson, deceased, were defendants.

This was an action of trover and conversion brought by Howland J. Tracy against Joseph Cloyd and Thomas G. Shannon, in the circuit court of Mercer county, in which a supersedeas was granted to the judgment and order of said circuit court, upon the petition of the plaintiff below. The case is sufficiently stated by Haymond, Judge, in his opinion. Jackson ex dem.

C. Wheeler was defendant. The appeal was granted upon the petition of the defendant, S. C. Wheeler. The case is sufficiently stated in the opinion of Hay-mond, Judge. The Hon. Joseph Smith, Judge of the seventh judicial circuit, presided at the hearing below. No partner has any remedy against another partner until there has been a full and final settlement of the partnership business.

Supersedeas to a judgment of the circuit court of Greenbrier county, rendered on the 23d day of November, 1877, in an action of debt then pending in said court, wherein Thomas G. Clay was plaintiff, and Wallace Robinson, sheriff of Greenbrier county, and as such, administrator of Marcus Alderson, deceased, was defendant. The supersedeas was granted upon the petition of the plaintiff below.

An appeal from a decree of the circuit court of the county of Kanawha, 'pronounced on the 21st day of June, 1873, in two causes, heard together, in one of which G. W. Hill and wife were plaintiffs, and Mayberry Proctor was defendant, and in the other Mayberry Proctor was plaintiff, and G. W. Hill and wife and others were defendants. The appeal was granted upon the petition of G. W. Hill and wife. The case sufficiently appears in the opinion of the Court. .

An appeal upon the petition of Isaac C. Beckley, Mary R. Beckley and John Price Duncan from a decree of the circuit court of Baleigh county, rendered on the 10th day of October, 1873, in a cause then pending in said court, wherein Charles O. Lockhard and Thomas S. Ireland, partners in trade under the name of Lockhard & Ireland, were plaintiffs and. Isaac C. Beckley and others were defendants.

The writ of error in this case was allowed upon the petition of the defendants to a judgment of the circuit court of Mason county, rendered against them in a certain- action of debt, wherein Columbus Shrewsbury tvas plaintiff and John W. Miller and others were defendants. Johnson, Judge, who delivered the opinion of the Court, gives a sufficient statement of the case.

An appeal from an order of the circuit court of Mason county, made on the 7th day of March, 1872, in.an action of debt, with attachment, brought by James Cape-hart’s ex’r against Joseph S. Dowery, and in which the appellants had filed their petitions, claiming respectively different portions of the property attached. The undertaking for the appeal was given in February, 1872, by the petitioners, James Lenihan, E. A. Young and others.

This was an appeal and supersedeas from two daerees of the circuit court of the county of Mercer, rendered in two causes, in one of which Elias Hale was plaintiff and John R. Dunlap and James Roles, executors of Anderson Pack, were defendants, and in the other of which Lorendo D. Martin was plaintiff, and said executors were defendants.

The Hon. George Loomis, then a circuit judge, at the April term, 1867, of the circuit court of Mason county, rendered a decree by which ho set aside the verdict of a jury, rendered at the April term, 1863, of said court, upon an issue directed to be tried at the bar of said court, in a cause then therein depending, wherein Rachel M. Tompkins, executrix of William Tompkins, was plaintiff, and William J. Stephens and others, were defendants.

.Charles F. Stockton instituted an action of debt, on the 4th day of April, 1.874, in tbe circuit court of Kana-wha county, against Fannie J. Farley, who filed a plea of “ coverture ” to the action. The plaintiff demurred to the said plea and the court sustained the demurrer, and directed that said plea be stricken from the record, and rendered judgment in favor of the plain tiff against the defendant for the debt in the declaration mentioned.

At a Supreme Court of Appeals held on 11th July, 1876, upon the petitipn of James It.

This was an appeal witb supersedeas, from a decree of the circuit court of Kanawha county, rendered on the 13th day of June, 1874, in a cause in chancery then pending in said court, wherein J. H. Linn was plaintiff and®01iver A. Patton, trustee, and others, were defendants. The appeal was granted upon the petition of Oliver A. Patton, trustee, and others. A. sufficient statement of the case is given by Green,. President, in his opinion.

This was an appeal from a final decree of the circuit court of the county of Mercer, rendered on the 21st day of October, 1874, in the consolidated causes of 'William A. Wiley against Alexander Mahood and others, Benjamin White against Alexander Mahood and others, and Joseph H. Alvis and others against Alexander Mahood and others. Hopkins, Hull & Co. filed their petition in the said cause of White against Mahood and others.

An appeal from and supersedeas to a decree of the circuit court of Monroe county, pronounced on the 23d day of September, 1870, in a cause in chancery then pending in said court, in which John V. Perry and wife, and the said John V. Perry as administrator of James H. Steele, deceased, and others, were plaintiffs, and John W. Lanius, administrator. of Isaac Campbell, deceased, and others, were defendants.

Levi Surber filed his bill in the circuit court of Greenbrier county, against .H. D. McClintic and Oliver Thompson. An attachment was sued out and levied upon the property of the defendant, McClintic. Held: on general demurrer, that the plaintiff had an adequate remedy at law, and that the bill was insufficient.

This is an appeal granted upon the petition of the Western Mining and Manufacturing Company and their successors, the Philadelphia Cannel Coal Company, to a decree rendered by the circuit court of Kanawha county, on the 23d day of December, 1875, in a chancery cause in which said Western Mining and Manufacturing Company were plaintiffs, and the Virginia^Cannel Coal Company and others were defendants, dissolving an' injunction granted in favor of the plaintiffs by Judge H. J.…

Hyman, Moses & Co. instituted a chancery suit in tlio circuit court of Kanawha county against Allen M. Smith and others, the object of which was to subject the lands of said Smith to the payment of a judgment.

Hunter's executors were plaintiffs, and Rebecca A. Hunter and others were defendants. The appeal was granted upon the petition of Rebecca A. Hunter. The decree of 31st October, 1874, was rendered by J, W. Davis, a member of the bar of the circuit court of Greenbrier county, who was appointed by the counsel in the cause to act as Judge, and preside upon the trial thereof at the October term, 1874, of said court.

An appeal granted, upon the petition of James Graham, from a decree of the circuit court of Monroe county, rendered on the 23d day of- May, 1873, in a cause in chancery then pending in said court, in wliich John Graham and others, were plaintiffs, and James Graham, Rebecca Graham and others, were defendants. The case *s stated in the opinion of the Court. Hon. Homer A. Holt, Judge of the circuit court of Monroe county,- rendered the decree complained of.

This was a proceeding upon a caveat entered in the circuit court of Kanawha county, in which Spicer Patrick, James H. Rogers, and others were caveators, and John Dryden and William A. McMullin, were caveatees. There was a judgment in favor of the caveatees, rendered by said court on the 16th day of April, 1869. An appeal was granted, to operate as a supersedeas, upon the petition of the caveators. The material facts are fully set forth in the opinion of Raymond, Judge.

Wills were plaintiffs, and James McClernan was defendant, granted upon the petition of the said plaintiffs. The facts sufficiently appear in the opinion of the Court. Hon. Homer A. Holt, Judge of the eighth judicial circuit, presided at the hearing below. referred to the following anthorities: Whitesides v. Lafferty, 3 Humph., 150; Hydev.

An appeal operating as a supersedeas granted upon the petition of James F. Hansford, from a judgment of the circuit court of Kanawha county, rendered on the 11th day of June, 1874, in a suit then pending in said court, wherein Robert B. Burton, William P. Burton and Charles Peniman, partners under the firm name of Gideon Burton & Co., were plaintiffs, and R. H. Lee and James F. Hansford, were defendants.

This case was brought into this court by a writ of error and superseded.s‘ allowed upon the petition of John Green Newman, to a final order and judgment of the circuit court of Kanawha county, rendered on the 16th day of July, 1872, on a motion made by him to reverse, as to himself, a judgment rendered by said court on the 18th day of April, 1866, in favor of Charles Mollohan, against said Newman and others, in a certain action of trespass then pending in said court.

. These cases were brought to this Court, by writs of ° 7 J error and supersedeas, allowed upon petitions of the de- ' fendants below, respectively, to judgments rendered by the circuit court of Kanawha county, on the 11th day of December, 1874. In one of the said suits, William A. Quarrier, trustee for Mrs. D. R. Laidley, was plaintiff below, and The Peabody Insurance Company was defendant below; in the other, William A. Quarrier, trustee for Mrs. D. JR/.

This was a supersedeas granted, upon the petition of the defendent below, to a judgment of the circuit court of Kanawha county, rendered on the 22d day of December, 1875, in a suit then pending in said circuit court in which Gustave Stolle, was plaintiff, and The iEtna Fire and Marine Insurance Company of Wheeling, was defendant. Green, President, who delivered the opinion of the court, sufficiently states the case.

This was a supersedeas to a judgment of the circuit court of Kanawha county, rendered on the 30th day of June, 1876, in an action in said circuit court, then pending, in which L. W. Levy, was plaintiff, and the Peabody Insurance Company was defendant. The supersedeas was allowed upon the petition of the defendant below. GheeN, PRESIDENT, who delivered the opinion of the Court, sufficiently states the case.

This was a supersedeas allowed upon the petition . of the defendant below, to a judgment rendered by the circuit court óf Kanawha county, on the SOth day of June, 1876, in an action in said court then pending in which Nicholas Mason was plaintiff, and the Citizens’ Fire, Marine and Life Insurance Company, was defendant. Green, President, who delivered the opinion of the Court, give a sufficient statement of the ease.

Supersedeas to a judgment of the circuit court of Kanawha county, rendered on the 6th day of June, 1876, in a suit at law, pending then in said court, wherein David Eagan, was plaintiff, and the JEtna Fire and Marine Insurance Company of Wheeling, was defendant. Green President, who delivered the opinion of the Court, sufficiently states the case. Hon. Joseph Smith, Judge of the seventh judicial circuit, presided below.

A writ of error with supersedeas, to a judgment of the circuit court of the'county of Greenbrier, entered on the 17th day of June, 1875, in an action of ejectment, then pending in said court, wherein Agnes M. Smith, Sarah B,. Dully and others, were plaintiffs, and Thomas A. Henning, was defendant. The writ of error was allowed upon the petition of the plaintiffs. HayMOND, Judge, who delivered the opinion of the Court, states the case sufficiently.

Appeal and supersedeas granted upon the petition of Sylvester Thompson, Nancy Thompson and Joshua S. Harriman, to several decrees of the circuit court of Kan-awha county, rendered in several causes therein pending, in one °f which M. P. Wyatt, was plaintiff, and Sylvester Thompson and others, were defendants; in another of which M. P. Wyatt, was plaintiff, and W. A. Forqueran and others, were defendants; and in the third M. P. Wyatt, administrator of Nancy Smith, deceased,…

Appeal and supersedeas granted, upon the petition of Robert Patton, defendant below, to a decree of the circuit court of the county of Mason, rendered on the 17th day of October, 1873, in a cause in chancery in said court then pending, in which David Jones, administrator with the will annexed of Benjamin P. Byram, deceased, was plaintiff, and said Patton, and others, were defendants. Hon. Joseph Smith, Judge of the seventh judicial circuit, rendered the said decree.

Appeal and supersedeas allowed upon the petition of Charles H. and James Dunlap, executors of Addison Dunlap, deceased, and Win. Adair administrator of I. H. Campbell, deceased, to a decree of the circuit court of Monroe county, rendered at its May term, 1873, in a cause in chancery in said court then pending, in which said executors of Addison Dunlap and others, were plaintiffs, and Richard V. Shanklin, ex’or, and others, were defendants.

An appeal from, decrees of the circuit court of Fayette county, rendered on 7th April, 1875, and 5th April, 1876, in a cause in chancery, in said court, then pending in which L. L, Abbott, was plaintiff, and Charles L’liomrnedieu, was defendant. . The appeal was allowed upon the petition of said defendant. Hon. Homer A. Holt, Judge of the eighth judicial circuit, presided below.

Davis, was and G. C. Landcraft, Joseph N. Haynes and James L. Shanklin, were defendants. Appeal and supersedeas granted, upon the petition of said Plaintiff, James W. Davis.

Brown’s administrator et al., were defendants. The appeal was granted upon the petition of said Bierne. ■ Hon. Homer||A. Holt, Judge of the eighth judicial circuit, presidedáat the[hearing below. Green, President, wbo delivered tbe opinion of the Court, gives a full statement of the case. referred to the following authorities: Thorington v. Smith, 8Wall., 1; 1 Green.

^-n aPPeal from a decree of the circuit court of Green-brier county, rendered on the 15th day of November, 1873, in a cause in chancery then pending in said court, in which C. W. Henley, was plaintiff, and Thomas K.' Menefee, was defendant. The appeal was granted upon the petition of the defendant, Menefee. Hon. Homer A. Holt, Judge of the eighth judicial circuit, rendered the decree appealed from.

The county court, of the county of Lewis, having refused to revoke a former order made by it, establishing a county road, a supersedeas was prayed for and granted by the circuit court of said county, to said order. On the 7th day of September, 1875, the said circuit court dismissed said supersedeas, as improvidently awarded, to which action of said circuit court a supersedeas was granted by this Court, upon the petition of George Conrad and others.

The circuit court of the county of Monroe, on the •16th day of October, 1874, quashed an indictment then pending in said court against A. L. Riffe. This is a writ of error, granted upon the petition of the state, to the judgment of the said court then rendered. Moore, Judge, who delivered the opinion of the Court, sufficiently states the case. Hon. Homer A. Holt, Judge of tbe eighth judicial circuit, rendered the judgment below.