McClung v. McWhorter
West Virginia Supreme Court
Appeal from the Circuit Court, Greenbrier County. Bill by Charles L. McClung against J. M. McWhorter. Demurrer to bill overruled, and defendant appeals.
1Opinion of the Court
BranNON, Judge:
J. M. McWhorter recovered a judgment in an action in the circuit court of Greenbrier County against Charles L. McClung. McClung at the same term moved the court to set aside the judgment and give him a new trial, on the ground that he was not served with process, and knew nothing of the suit for several weeks after the return of the process; but the court refused to do so. Then Mc-Clung brought this chancery suit to enjoin the enforcement of the judgment. The court overruled McWhor-ter’s demurrer, and perpetuated an injunction, and he appealed.
It is argued that there is error…
2Cases cited6 opinions
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Harvey v. Parkersburg InsuranceWest Virginia Supreme Court · 1892
- Preston v. KindrickSupreme Court of Virginia · 1897
- Rader v. AdamsonWest Virginia Supreme Court · 1893
- Peck v. ChambersWest Virginia Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- R. D. Johnson Milling Co. v. ReadWest Virginia Supreme Court · 1915
- Speidel Co. v. WarderWest Virginia Supreme Court · 1904
- Talbott v. Southern Oil Co.West Virginia Supreme Court · 1906
- Sutherland v. Peoples BankSupreme Court of Virginia · 1910
- Leachman & Dawkins v. YoungWest Virginia Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.