Clark v. Johnston
West Virginia Supreme Court
Appeal from and supersedeas to a decree of the circuit court ot the county of Ritchie, made, on the 12th day of June, 1878, in a cause in said court then pending, where- . in S. Edward Clark was plaintiff and Lewis L. Johnston and others were defendants, allowed upon the petition of said Johnston. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.
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Appeal from and supersedeas to a decree of the circuit court ot the county of Ritchie, made, on the 12th day of June, 1878, in a cause in said court then pending, where- . in S. Edward Clark was plaintiff and Lewis L. Johnston and others were defendants, allowed upon the petition of said Johnston. Hon. James M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. GreeN, PRESIDENT, furnishes the following statement of the case: S. Edward Clark, on April 23, 1878, presented to the circuit court of Ritchie county his bill, in which he alleged he was the lessee of the…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The counsel in this cause have elaborately discussed a number of questions, which we think it is unnecessary for this Court to consider: As whether, as the bill charges the defendant as a trespasser merely, a receiver could properly be appointed; and whether, the defendant being solvent, the plaintiff had not a full and adequate remedy at law; and whether therefore the court ought not to have refused to appoint a receiver in this cause; whether a receiver should have been appointed in a cause, in which all the equities in the bill are…
2Cited by11 opinions
- State v. PraterWest Virginia Supreme Court · 1902
- Handy v. Scott, Baker & Co.West Virginia Supreme Court · 1885
- Childers v. LoudinWest Virginia Supreme Court · 1902
- Bradley v. EwartWest Virginia Supreme Court · 1881
- Dudley v. BuckleyWest Virginia Supreme Court · 1911
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