Legal Opinion · Dissent

State Ex Rel. Chemical Tank Lines, Inc. v. Davis

West Virginia Supreme Court

Decided February 21, 1956No. 10792Published

1DissentHaymond, Judge

I do not concur in the decision of the majority in this proceeding. It summarily deprives the Court of Common Pleas of Kanawha County of its power to hear and determine the earlier action of Raymond Ellis v. Chemical Tank Lines, Inc., and Clay Spurlock, of which it had jurisdiction, and requires the judge of that court to transfer it to the Circuit Court of Mason County which before the transfer did not have jurisdiction of that action and does not have and can not acquire jurisdiction of the person of the defendant in the later action of Chemical Tank Lines, Inc., v. Raymond Ellis unless he…

2Cases cited38 opinions

  1. Lambert v. Ensign Manuf'g Co.West Virginia Supreme Court · 1896
  2. Yates v. Taylor County CourtWest Virginia Supreme Court · 1900
  3. State ex rel. Conley v. PennybackerWest Virginia Supreme Court · 1948
  4. Wolfe v. ShawWest Virginia Supreme Court · 1933
  5. Sidney C. Smith Corp. v. DaileyWest Virginia Supreme Court · 1951

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