Scott v. Ludington

Citations

• 14 W. Va. 387
• 1878 W. Va. LEXIS 73

Syllabus

<p>1. Where the decree does not state that the order of publication as to the absent defendants Avas duly executed, or what is tantamount thereto ; and the record does not disclose the fact, that as to such absent defendants the order of publication was executed, and such absent defendants are material parties to the bill, and have not appeared in the cause, such decree will be reversed for that reason.</p> <p>2. But if there Avas no objection made in the court below as to the manner, in which the order of publication was issued, or executed, so as to bring the matter before the inferior court and have the question as to the sufficiency of the order of. publication passed upon by that court, and the decree recites that the order of publication as to the absent defendants was “duly executed,” the objection that it was not so executed will not be entertained by the Appellate Court.</p> <p>3. If an assignment purports to transfer the whole interest of the assignor, and there is nothing in the pleadings and proofs to induce the belief, that it did not really do so, the assignor is not a necessary party to the suit.</p> <p>4. Where a cause has been referred to a commissioner to audit judgment liens against a debtor, and after the original report had been filed, and at the request of the plaintiffs’ attorney, the commissioner made and filed a supplemental report auditing other judgments, which had been recovered since the original report was filed, and all the necessary parties were brought before the court before the hearing on such reports, and opportunity being had, no exceptions Avere filed to either the original or supplemental report, it Avas not error to hear the cause on such supplemental as well as original report.</p> <p>5. Where a creditor filed his hill against the judgment debtor and other judgment lienors, to enforce his judgment lien, and the debtor filed his answer, claiming that the consideration of the bond, on which plaintiffs judgment was recovered, ha