Legal Opinion

Bennett v. Clay County Bank

West Virginia Supreme Court

Decided May 15, 1917PublishedCited by 4 opinions

Appeal from Circuit Court, Lewis County. Bill by H. M. Bennett, trustee, etc., against the Clay County Bank and others. Bill dismissed on demurrer of the bank, and plaintiff appeals.

1Opinion of the Court

Poffenbarger, Judge:

•Deeming the bill in this canse multifarious and incurable by amendment, the circuit court dismissed it on demurrer.

If it is clearly multifarious, there was no error in the court’s failure or refusal to give an opportunity to amend it. Cecil v. Karnes, 61 W. Va. 543; Shaffer v. Fetty, 30 W. Va. 248, 273; Dennie v. Justus, 115 Va. 512, 516; Boyd v. Hoyt, 5 Paige Chy. (N. Y.), 79; Gibbs v. Claggett, 2 Gill & J. (Md.) 29.

It was filed by a trustee in bankruptcy, against the estate of a deceased stockholder of the bankrupt, a corporation, to enforce repayment of dividends…

2Cases cited7 opinions

  1. Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
  2. Shaffer v. FettyWest Virginia Supreme Court · 1887
  3. Benedum v. First Citizens BankWest Virginia Supreme Court · 1913
  4. Peters v. CaseWest Virginia Supreme Court · 1907
  5. Cecil v. KarnesWest Virginia Supreme Court · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Wood v. HarmisonWest Virginia Supreme Court · 1895
  2. Burdick v. CommissionerUnited States Board of Tax Appeals · 1931
  3. Burdick v. CommissionerUnited States Board of Tax Appeals · 1931
  4. Hatfield v. HatfieldWest Virginia Supreme Court · 1922

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