McMullen v. Eagan
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the circuit court of the county of Eauawlia rendered respectively on the 30th day of June, 1876, and on the 20th day oí December, 1878, in a cause in said court then pending, wherein Catharine McMullen was plaintiff, and David Eagan and others were defendants, allowed upon the petition of said McMullen.
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Appeal from and supersedeas to two decrees of the circuit court of the county of Eauawlia rendered respectively on the 30th day of June, 1876, and on the 20th day oí December, 1878, in a cause in said court then pending, wherein Catharine McMullen was plaintiff, and David Eagan and others were defendants, allowed upon the petition of said McMullen. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from, Green, Judge, furnishes the following statement of the case: On October 29, 1872, David Eagan and Mary E., his wife, conveyed to Catharine McMullen, the…
1Judgment of the CourtGreen, Judge
The first error assigned is, that on the bill of injunction and the answer of the defendant, David Eagan, the injunction should have been perpetuated, and the complainant should have been decreed the payment of the costs incurred by her, and that the allegations in the answer of David Eagan, on which he asked affirmative relief, were not such allegations, as could have sustained a cross-bill, and the court should have dismissed the same, so far as it sought affirmative relief. The injunction granted not only enjoined the sale already advertised hut also enjoined the trustee and the defendant,…
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