Arnold v. Kelley

Decided July 15, 1872

West Virginia Supreme Court · decided 1872-07-15

Injunction granted .June 25th, 1871, in Mineral county circuit court. The bill alleges that a judgment had been obtained by the defendant Kelly, against the complainant, for the conversion of the property of the defendant Kelly, during the late rebellion, and that the complainant was at the time of the conversion, a regular soldier of the Confederate states’ government.

Cited by 3 later decisions — most recently February 1902

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-15

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Maxwell -J.

¶1This is a bill ■ filed under the act of March 1, 1871, entitled “ An Act t0' protect persons who aided in the late rebellion between the government of the United States :and a part of the people thereof,” to enjoin and set aside a judgment rendered before the passage of the act.

¶2The Legislature has no power to set aside a judgment, or to empower a court to set aside a judgment rendered before the passage of the act, no matter how erroneous the judgment may be. Cooley’s Cons. Lim. p. 94-95. Griffin vs. Cunningham 20 Gratt., 81; United States vs. Klein, 13 Wallace.

¶3The judgment complained of will have to be affirmed, with damages and costs.

Judge Berkshire concurred.Judge Moore reserved the right to add a note if he dissented.

¶4Decree affirmed.