The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-08-11

General Elisha Boyd. In 1915 Luke Tier.
nan assignee Of one Dennis Cahill. record.
ed JUDGMENT against JoHeppi Mipghint
upon the bonds which had been executed
81 1904. Minghini IN 1879 ohtained rom
the court an order which erjoined the coll
lection ofthe Judgment debt the injunc-
tson granted being due 70 litigation pc.
tween the eaid Mipghini and one Luke
Pontorey in which Aiinghini claimed GER
tain setsotf othedebt due Tiernan. In
1881. the Court Of Appeals OF Virginia
handed down d final decision in the last.
named proceedings. Herman In the
meantime bad removed 10 Baltimore, and.
was not informed until 1887 that Q de.
cision had been reached by the higher
court; and the discovery was made that
the original papers inthe first suit had all
been lost, and that the law mediums at-
iorded no channels by which the case
could be reconstructed de Noto. This OBJ.
lection was not removed until 1872, at
which time the Virginia Legislature
passed an act permitting It 10 be done.
The injunction spoken Of above SUI re,
manned In force, and was not dissolved
Runtil 1916. Three years later q suit was
instituted against the administrator ana
heirs OF Joseph Minghini TO subject me
! assets Of his estate othe payment OF the
Isis judgment. In 1850 the case was car
ried 10 the District Court at Winchester,
Thence to the Cour. OF Appeals, where 1t
rested from 1861 To 1870, when y was
again revived. .
From It's very inclpiency the case has
been warmly and vigorously contested,
every technical or other point which
could be used has been employed to pre-
vent recovery. Report after report, has
been set aside, and numerous decisions
bearing on some point or another
Ihaye been entered. The recent
endeayor was to reach prop
eIty in the hands OF Simoni Ming.
hints heirs, simoni NIinghini being ad:
iministrator de bonus non Of Joseph, and
the commissioners report showing that
the said administrator received more than
enough from Joseppi's estate to pay tue
debt. The decision Of Judge Fleming has
1.-THE effect Of fixing the liability; and II
makes the estate OF Simoni Mtnehinl re-
sponsible for the debt. The case though
4 "a by no means ended, and sitmay be toi
\ wears and It may be forever" familiar
4 title to several generations yet unborn.
The following Circuit Court pages hsye
from time to time figured in II, and posi-.
bly several more: Judges Douglas, Parker
IHall, Hoee, Faulkner and Fleming; and
the following Counsel, General Elisha
Boyd. NJ. 4. Hunter, Robt. y. Conrad,
Jno. r Cooke, D. Il. Conrad, 0bed Wait,
Philips Pendleton and LIE were in
the original suits. Later we find Q. J,
Faulkner, Andrew Hunter, W. 5. Wilson,
II. N. wisner, w. Fl. Il. Flick. At the
recent term the case was most ably and
Iexhaustiyely argued orally by Hon. u
Boyd Faulkner lwho was assisted by D.
o. ,yestenhare,) for the plaintiff and by
Capt. George Baylor for the defence.
Written arguments were fled by Hon.
l Holmes Conrad fof the defendants and BY
10 j. Faulkner (now dead,) for the
plaintiffs.
An examination Of some Of the names
will show how the case has descended
4 through several generations from father
to son, and It may, Ike the brook, thus Sc
on ad infnitunl Handy well says that
when you let in chancsry you never get
ont. x.
ifartinsburg, August7 1885.