Moran v. Eldridge's Devisees

Decided January 15, 1866

West Virginia Supreme Court · decided 1866-01-15

This case arose in Marion county in 1850. The plaintiff, William Bldridge, who brought the action of unlawful de-tainer, died in 1852, and the case was revived in the name of his devisees. In October, 1868, a trial was had and a judgment rendered against the defendant, Moran, for the possession of the premises. He obtained a supersedeas from this court in 1864. The case was dismissed here, on motion of the plaintiff in error, at the January term, 1866.

Cited by 1 later decisions — most recently April 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-01-15

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¶1The following was the judgment entered in this court: It seems to the court that inasmuch as the proceeding of unlawful detainer is not in the law capable of being revived on the death of the plaintiff in such proceeding, but upon such death the suit abates, there is error in the said record to the prejudice of the plaintiff as alleged in his petition, wherefore it is considered by the court that the judgment of the said circuit court of Marion county be reversed and annulled, and that the plaintiff in error recover his costs.

¶2Judgment REVERSED.