Burke v. Adair
West Virginia Supreme Court
GreeN, Judge, furnishes the following statement of the case,: A judgment was recovered on May 15, 1874, in the circuit court of Monroe county for the use of A. A. Chapman for two hundred and eighty-two dollars and ninety-five cents with interest from that date against Nancy Burke; 'and on October 17, 1874, another judgment in the same suit for the use of same party was recovered for four hundred and forty-two dollars and fifty cents with interest from that date being the…
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GreeN, Judge, furnishes the following statement of the case,: A judgment was recovered on May 15, 1874, in the circuit court of Monroe county for the use of A. A. Chapman for two hundred and eighty-two dollars and ninety-five cents with interest from that date against Nancy Burke; 'and on October 17, 1874, another judgment in the same suit for the use of same party was recovered for four hundred and forty-two dollars and fifty cents with interest from that date being the residue of the debt which had been sued on. The reason that two separate judgments were rendered in this suit against Nancy…
1Opinion of the Court
Green, Judge :
The vacation-order of June 14, 1879, dissolving the injunction, which had been awarded, was clearly right. The answer of the defendant not only on oath denied every allegation made in the bill, upon which the injunction had been awarded, but suppoi’ted many of these denials by exhibits filed with the answer. No deposition or affidavit or other evidence was filed to support the bill, though more than ten days’ notice had been given to the plaintiff, that a motion would be made to dissolve the injunction. Under these circumstances there would have been an obvious impropriety in…
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