Mason v. Harper's Ferry Bridge Co.
West Virginia Supreme Court
Appeal from and supersedeas to an order of the judge of the circuit court of the county of Jefferson, made in vacation, on the 2d day of September, 1879, in a cause in said court then pending, and alss to a decree of the said court rendered on the 21st day of November, 1879, in the same cause, wherein James M. Mason was plaintiff, and The Harper’s Ferry Bridge Company and others were defendants, allowed upon the petition of said Mason.
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Appeal from and supersedeas to an order of the judge of the circuit court of the county of Jefferson, made in vacation, on the 2d day of September, 1879, in a cause in said court then pending, and alss to a decree of the said court rendered on the 21st day of November, 1879, in the same cause, wherein James M. Mason was plaintiff, and The Harper’s Ferry Bridge Company and others were defendants, allowed upon the petition of said Mason. Hon. John Blair Hoge, late judge of the fourth judicial circuit, rendered the order appealed from. JOHNSON, Judge, furnishes the following statement of the…
1Judgment of the CourtJohnson, Judge
The first question is: Could the court hear in vacation a motion to require a Hew injunction bond with an enlarged penalty? The power to grant injunctions, in cation, and to require bond to be then given carries with it as a necessary incident, the right to hear and determine in vacation a motion to require a new bond to be executed with an enlarged penalty. Hutchinson et al. v. Landcraft, 4 W. Va. 316. The question, as to the correctness of the order, made in this case upon the motion to require a new bond, did not arise in Hutehinson, v. Land&raft, because in that case the new bond was…
2Cases cited17 opinions
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- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- The Binghamton BridgeSupreme Court of the United States · 1866
- Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
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- Pickens v. Coal River Boom Co.West Virginia Supreme Court · 1909
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