Legal Opinion

Elkins v. Davis Colliery Co.

West Virginia Supreme Court

Decided January 31, 1933No. CC 466PublishedCited by 1 opinion

1Opinion of the Court

Hatcher, Judge:

The circuit court overruled demurrers to several petitions seeking to recover from Mrs. Hallie D. Elkins the expenses of a receivership, sustained demurrers to her answer to the petitions, and then certified to this court the sufficiency of the pleadings.

The petitions were filed in the chancery suit of Mrs. Elkins v. Davis Colliery Company et al. The record in that suit shows that it was instituted on June 9, 1928; that Davis Colliery Company (hereinafter called the Company) was then heavily involved financially (though not theoretically insolvent according to the hill); that…

2Cases cited3 opinions

  1. Atlantic Trust Co. v. ChapmanSupreme Court of the United States · 1908
  2. Farmers' Loan Co. v. Or. Pac. R. R.Oregon Supreme Court · 1897
  3. Brock v. RudigIndiana Court of Appeals · 1918

3Cited by1 opinion

  1. Bernhardt v. RummelNorth Dakota Supreme Court · 1981

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