Haymond v. Camden

Citations

• 22 W. Va. 180
• 1883 W. Va. LEXIS 50

Syllabus

<p>1. A non-resident party, against whom a decree has been rendered upon order of publication, having appeared and filed his answer in the circuit court, stating therein grounds of error, and praying the court to set aside the procoedings had against him on account of said error, which the court upon the hearing of the cause refused to do, may appeal to this Court from the decree so refusing to correct such error, without having first filed a formal petition for a rehearing of the cause, and giving bond for the costs as required by the statute ; there having been no objection made in the circuit court to his filing his answer, or the want of such formal petition and security for costs, it is too late to object for the want of such petition and security for costs for the first time in the Appellate Court, (p. 187.)</p> <p>2. The late civil war between the United States and the Confederate States was accompanied by the general incidents of a war between independent nations, and the inhabitants of the United States on the one hand, and of the ’Confederate States on the other, became thereby reciprocally enemies of each other, liable to be so treated without reference to their individual dispositions or opinions, and during its continuance all commercial intercourse and correspondence between them were interdicted by principles of public law as well as by express enactments of Congress, and all contracts previously made between them were suspended, and the courts of each belligerent were closed to the citizens of the other, (p. 189.)</p> <p>3. The right of the creditor to sue and collect his debt cannot exist unless at the same time a corresponding duty exists on the part of the debtor to pay — the right of the one and the duty of the other are correlative — consequently, where the duty of the debtor to pay is suspended by war, the corresponding right of the creditor to sue and enforce the collection of his debt cannot exist, (p. 190.)</p> <p>4. Where during the late wa