Glen Jean, Lower Loup & D. R. v. Kanawha, Glen Jean & E. R.
West Virginia Supreme Court
Error to Circuit Court, Fayette County. Action by the Glen Jean, Lower Loup and Deepwater ' Railroad Company against the Kanawha, Glen Jean and Eastern Railroad Company. From a judgment dismissing the action, plaintiff brings error.
1Opinion of the Court
Dent, Judge:
The Glen Jean, Lower Loup and Deepwater Railroad Company filed its declaration in trespass on the case in the circuit court of Fayette County against the Kanawha, Glen Jean and Eastern Railroad Company, which demurred thereto. The demurrer was sustained, and, plaintiff refusing to amend, the suit was dismissed, and this writ of error followed.
The declaration contains five counts.' The first, second, and fifth are for damages sustained by reason of the suing out of an injunction which was afterwards dissolved. They fail to charge that the injunction was sued out maliciously .or…
2Cases cited12 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Mitchell v. Southwestern RailroadSupreme Court of Georgia · 1885
- McDodrill v. Pardee & Curtin Lumber Co.West Virginia Supreme Court · 1895
- Gorton v. BrownIllinois Supreme Court · 1862
- Hayden v. KeithSupreme Court of Minnesota · 1884
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3Cited by13 opinions
- Kessel v. LeavittWest Virginia Supreme Court · 1998
- Pioneer Co. v. HutchinsonWest Virginia Supreme Court · 1975
- Bodkin v. ArnoldWest Virginia Supreme Court · 1900
- H. P. Rieger & Co. v. KnightCourt of Appeals of Maryland · 1916
- Pickens v. Coal River Boom & Timber Co.West Virginia Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.