Carleton Mining & Power Co. v. West Virginia Northern Railroad

Maxwell, Judge:

The West Virginia Northern Railroad Company complains of the action of the circuit court of Preston county in sustaining a demurrer to its answer, and in entering a decree on the bill of Carleton Mining & Power Company, requiring, among other things, that said railroad account for and pay over to the plaintiff “the amount alleged in said bill to have been so received by it for the plaintiff’s use and benefit, to-wit, the sum of $45,000.00,” etc.

At the time the bill was here on certificate (Mining & Power Co. v. Railroad Co., 110 W. Va. 631, 159 S. E. 44), this Court reversed…