Buskirk v. Sanders
West Virginia Supreme Court
Appeal from Circuit Court, Wyoming County. •Bill in equity by U. B. Buslrirk and another against Herbert W. Sanders and others. From a decree for defendants, plaintiffs appeal.
1Opinion of the Court
Milieu, Judge :
The preliminary injunction awarded plaintiffs, restraining defendants from prosecuting their suit at law against them to recover the value of timber alleged to have been taken from their land, was bjr the final decree on demurrer and motion of defendants, wholly dissolved and the bill dismissed.
The grounds of demurrer relied on here, are: First, that plaintiffs had already submitted themselves to the jurisdiction of the court in the suit at law; second, adequate remedy at law; third, want of equit3r, and, fourth;, other reasons to be assigned.
The theories of the four special…
2Cases cited13 opinions
- Eastern Oil Co. v. CoulehanWest Virginia Supreme Court · 1909
- MacLay v. Equitable Life Assurance SocietySupreme Court of the United States · 1894
- Buskirk Bros. v. PeckWest Virginia Supreme Court · 1905
- McDodrill v. Pardee & Curtin Lumber Co.West Virginia Supreme Court · 1895
- Null v. ElliottWest Virginia Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- The Texas Company v. DavisTexas Supreme Court · 1923
- Lincenberg v. IssenSupreme Court of Florida · 1975
- Sitzes v. Anchor Motor Freight, Inc.West Virginia Supreme Court · 1982
- Haynes v. City of NitroWest Virginia Supreme Court · 1977
- Savage v. BoothWest Virginia Supreme Court · 1996
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