Chesapeake & Ohio R. R. v. Huse
West Virginia Supreme Court
Injunction granted by tbe judge of tbe circuit court of Fay-ette county, on tbe 15tb of September, 1870, in vacation. The sole question here was tbe sufficiency or insufficiency of the affidavit to the bill. It was not made by a party to the bill. The defendant appealed.
1Opinion of the Court
Maxwell J.
This is an appeal from an order made in vacation by the judge of the circuit court of Fayette county, to restrain the appellant and others from taking possession of, using, holding, and occupying certain lands. The appellant insists that it was error in the court below to grant the in*580junction, because the bill of complaint is not sworn to as required by law.
The 3d section of chapter 133 of the Code, page 631, provides that no injunction shall be awarded in vacation, nor in court, in any case not ready for hearing, unless the court or judge be satisfied by affidavit or otherwise of…
2Cases cited1 opinion
- Jones v. LyndsNew York Court of Chancery · 1838
3Cited by4 opinions
- Shonk v. KnightWest Virginia Supreme Court · 1878
- Tate v. VanceSupreme Court of Virginia · 1876
- Tate v. VanceSupreme Court of Virginia · 1876
- Tate v. VanceSupreme Court of Virginia · 1876