Shonk v. Knight
West Virginia Supreme Court
An appeal from a decree of the circuit court of Kana-wha county, rendered on the 18th day of December, 1876, in a cause in chancery, in which John J. Shonk was plaintiff, and Edward B. Knight and William S'. Laidley, trustees, were defendants, granted on petition of John J. Shonk.
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An appeal from a decree of the circuit court of Kana-wha county, rendered on the 18th day of December, 1876, in a cause in chancery, in which John J. Shonk was plaintiff, and Edward B. Knight and William S'. Laidley, trustees, were defendants, granted on petition of John J. Shonk. GreeN, President, furnishes the following statement of the case : On January 24, 1876, John J. Shonk filed his bill in the circuit court of Kanawha county, against William S. Laidley and Edward B. Knight, trustees, and James H. Brown and John T. Cowen, trustees, and in their own right, the heirs of William P. Wyatt,…
1Opinion of the Court
Green, President,
delivered the opinion of the Court :
The appellant insists that the court erred in dissolving the injunction and the appellees claim that the court ought in addition to the dissolution of the injunction to have gone further and dismissed the bill. The court did not err in dissolving the injunction for several obvious reasons.
The affidavit to the bill of injunction was such that *679the court ought not to have awarded any injunction, the affidavit is in these words :' “T. W. Bradford, agent for John J. Shonk the plaintiff, in the foregoing bill being duly sworn says: that the facts…
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