Legal Opinion

McEldowney v. Lowther

West Virginia Supreme Court

Decided March 23, 1901PublishedCited by 9 opinions

Appeal from Circuit Court, Wetzel County. Bill by John C. McEldowney and others against F. P. Low-ther and others. From an order refusing to dissolve an injunction, defendants appeal.

1Opinion of the Court

Dent Judge:

E. P. Lowther and the Exchange Telephone Company of Lit-tleton appeal from a vacation order of Judge Parr, of the circuit court of Wetzel County, refusing to dissolve an injunction granted to John C. McEldowney and others by the Hon. Thayer Melvin, Judge of the First Judicial Circuit.

The plaintiffs for and on behalf of themselves and' other citizens of the town of New Martinsville obtained an injunction restraining the defendant, appellants, from unlawfully erecting additional telephone poles and stringing wires thereon along Maple Avenue in said town to the irreparable injury and…

2Cases cited3 opinions

  1. Robrecht v. RobrechtWest Virginia Supreme Court · 1899
  2. McGregor v. CamdemWest Virginia Supreme Court · 1899
  3. Heatherly v. BankWest Virginia Supreme Court · 1888

3Cited by9 opinions

  1. Stuart v. Lake Washington Realty Corp.West Virginia Supreme Court · 1956
  2. Stuart v. Lake Washington Realty CorporationWest Virginia Supreme Court · 1956
  3. Herold v. C. J. Hughes & Hamilton Gas Corp.West Virginia Supreme Court · 1955
  4. Maxwell v. Central District & Printing Telegraph Co.West Virginia Supreme Court · 1902
  5. Cambria v. BachmannWest Virginia Supreme Court · 1923

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