Legal Opinion

Pence v. Carney

West Virginia Supreme Court

Decided November 14, 1905PublishedCited by 15 opinions

Appeal from Circuit Court, Summers County. Bill by A. P. Pence and George N. Davis against B. E. Carney ancl others. Decree for defendants, and plaintiffs appeal.

1Opinion of the Court

Cox, Judge:

A. P. Pence and George N. Davis hied tlieir bill in equity in the circuit court of Summers county against A. C. Blair ancl B. E. Carney to enjoin them ancl their agents from unreasonably and unusually abstracting and using the water from a well sunk by them on a tract of land owned by them and from casting the same on their land, whence it flowed upon plaintiffs’ land. Upon presentation of the bill a temporal',y injunction was awarded. Defendants demurred to the bill and filed their answer. Depositions were taken and the case submitted for final hearing on March 29, 1905, on the…

2Cases cited15 opinions

  1. Katz v. WalkinshawCalifornia Supreme Court · 1903
  2. Forbell v. . City of New YorkNew York Court of Appeals · 1900
  3. Smith v. . City of BrooklynNew York Court of Appeals · 1899
  4. Stillwater Water Co. v. FarmerSupreme Court of Minnesota · 1903
  5. McClintock v. HudsonCalifornia Supreme Court · 1903

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3Cited by15 opinions

  1. Meeker v. City of East OrangeSupreme Court of New Jersey · 1909
  2. Horne v. Utah Oil Refining Co.Utah Supreme Court · 1921
  3. Clinchfield Coal Corp. v. ComptonSupreme Court of Virginia · 1927
  4. Erickson v. Crookston Waterworks, Power & Light Co.Supreme Court of Minnesota · 1907
  5. Drummond v. White Oak Fuel Co.West Virginia Supreme Court · 1927

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