Roberts v. Huntington Development & Gas Co.
West Virginia Supreme Court
Appeal from Circuit Court, Putnam County. Suit by M. T. and J. 1ST. Roberts against the Huntington Delevelopment & Gas Company. Decree for plaintiffs, and defendant appeals.
1Opinion of the Court
PoirEFBARGER, JUDGE t
The decree in this cause stands upon a bill that does not allege any right, title, interest or claim thereof in its subject matter, on the part of the defendant. In the caption thereof, the defendant is named as such and service of process against it was accepted by its attorney in fact. It appeared and filed *486a demurrer and an answer, the former of which was not expressly disposed of by any order of the court, but was impliedly overruled by the entry of a final decree in favor of the plaintiffs. On the bill and answer full proof was taken and the cause submitted as upon…
2Cases cited31 opinions
- Pusey v. GardnerWest Virginia Supreme Court · 1883
- Depue v. MillerWest Virginia Supreme Court · 1909
- Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
- Chapman v. Pittsburgh & Steubenville RailroadWest Virginia Supreme Court · 1881
- Shinn v. Board of EducationWest Virginia Supreme Court · 1894
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3Cited by2 opinions
- State v. BonhamWest Virginia Supreme Court · 1937
- Berry v. SquiresWest Virginia Supreme Court · 1924