Amherst Coal Co. v. Prockter Coal Co.
West Virginia Supreme Court
Appeal from Circuit Court, Logan County. Bill for injunction by the Amherst Coal Company against the Prockter Coal Company. Injunction awarded, and from an order dissolving it on the motion of the defendant, plaintiff was awarded an appeal. Motion by appellee to dismiss the appeal, and motion by appellant to submit the cause for a hearing on the merits.
1Opinion of the Court
LYNCH, PRESIDENT :
Before ns are two motions, one by each of the opposing parties; the first to dismiss the appeal from an interlocntory but under the statute an appealable order of the circuit court dissolving an injunction, the second to submit the cause for a hearing on the merits upon affidavits. Both were made upon the supposition that section 26, chapter 135, Code, authorized that procedure. While that section does grant authority to move to dismiss, reverse or affirm, the right can be exercised only after reasonable notice, with leave previously obtained for that purpose. No leave was…
2Cases cited2 opinions
- Whyel v. Jane Lew Coal & Coke Co.West Virginia Supreme Court · 1910
- Rector v. LipscombSupreme Court of the United States · 1891
3Cited by2 opinions
- Pettry v. Chesapeake and Ohio Railway CompanyWest Virginia Supreme Court · 1964
- Pettry v. Chesapeake and Ohio Railway CompanyWest Virginia Supreme Court · 1964