Kelly v. Wellsburg & State Line R. R.
West Virginia Supreme Court
Appeal from Circuit Court, Brooke County. Suit by John W. Kelly against the Wellsburg & State Line Railroad Company, and suit by Adamson & Murdock against the Wellsburg Coal Company and others.
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Appeal from Circuit Court, Brooke County. Suit by John W. Kelly against the Wellsburg & State Line Railroad Company, and suit by Adamson & Murdock against the Wellsburg Coal Company and others. From the decrees of the circuit court, the Wellsburg National Bank, Elizabeth Dilworth Babler, and others appeal, and John J. Coniff;, administrator, etc., of the estate of Charles R. Dilworth, deceased, C. W. McQuoid, Elizabeth Thaw, and others take cross-assignments against the Wellsburg National Bank.
1Opinion of the Court
Miller, Judge:
On a former appeal, wherein the present appellants were appellees, and some of the appellees here were appellants, we undertook, on reversing the decrees below, to settle the principles upon which we thought the rights and interests of the parties should be finally settled, and remanded the causes to be further proceeded with in accordance with the mandate and opinion then certified to the circuit court. 74 W. Va. 130.
We then held that the appellants, composing the so called underwriters, were entitled to preference and priority over the judgment creditors of the-Underlying…
2Cases cited10 opinions
- Handy v. Scott, Baker & Co.West Virginia Supreme Court · 1885
- Fry v. FeamsterWest Virginia Supreme Court · 1892
- Stewart v. StewartWest Virginia Supreme Court · 1894
- Clark v. ClarkWest Virginia Supreme Court · 1912
- Keneweg Co. v. SchilanskyWest Virginia Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- York v. MeekWest Virginia Supreme Court · 1924