Harden v. Wagner
West Virginia Supreme Court
■ Snyder, Judge, furnishes the following statement of the case: 0. E. Wagner, a resident of the city of Wheeling, Ohio county, and in business there as the keeper of a livery stable on leased premises, by deed, duly acknowledged, dated June 16,1881, and recorded in said county June 18,1881, conveyed to Guy 11. 0. Allen, trustee, all his livery stock, consisting of horses, 'buggies, hacks, wagons, harness, &c., together with his unexpired lease of the stable, and also his…
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■ Snyder, Judge, furnishes the following statement of the case: 0. E. Wagner, a resident of the city of Wheeling, Ohio county, and in business there as the keeper of a livery stable on leased premises, by deed, duly acknowledged, dated June 16,1881, and recorded in said county June 18,1881, conveyed to Guy 11. 0. Allen, trustee, all his livery stock, consisting of horses, 'buggies, hacks, wagons, harness, &c., together with his unexpired lease of the stable, and also his household and kitchen furniture, in trust to secure the payment of eleven thousand five hundred dollars due from him to…
1Opinion of the Court
Snyder, Judge:
The. appellants insist that the order of January 21, 1882, continuing 'their motion to dissolve the injunction was erroneous. This was error. The answers filed by the defendants on that' day fully, plainly, distinctly and positively denied the allegations of the bill, and there was no proof offered, other than the affidavit to the bill, to support the material allegations on which the injunction was founded. Under such circumstances it has been repeatedly held by this Court that the motion 'to dissolve should not have been continued unless from some very great necessity; because…
2Cases cited18 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Wickham & Goshorn v. Lewis Martin & Co.Supreme Court of Virginia · 1856
- Goshorn's Ex'r v. SnodgrassWest Virginia Supreme Court · 1881
- Williams v. Lord & RobinsonSupreme Court of Virginia · 1881
- Kuhn, Netter & Co. v. Mack & Bros.West Virginia Supreme Court · 1870
13 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Wood v. HarmisonWest Virginia Supreme Court · 1895
- Pennybacker v. LaidleyWest Virginia Supreme Court · 1890
- Wolf v. McGuginWest Virginia Supreme Court · 1893
- Adkins v. SmithWest Virginia Supreme Court · 1957
- Cochran v. ParisSupreme Court of Virginia · 1854
30 more not listed; retrieve them via the Exa API.