Deepwater Co. v. Motter & Co.
West Virginia Supreme Court
Appeal from Circuit Court, Fayette County. Bill by the Deepwater Railway Company against D. H. Hotter & Co. and others. Judgment for defendants, and plaintiff appeals.
1Opinion of the Court
Brannon, Judge:
Under a contract with the Deepwater Railway Company D. H. Hotter & Co. did work in the construction of that company’s road, and brought an action of assumpsit in the circuit court of Fayette county against said company for recovery of their demand, the amount of which and the right to any amount, were in great dispute between them. A number of creditors of Hotter & Co. brought divers suits before justices and in court against them, sued out attachments and garnished the railroad company as a debtor for such construction work of Hotter & Co. ■ In this condition of things the…
2Cases cited5 opinions
- Freer v. DavisWest Virginia Supreme Court · 1902
- Walters v. Farmers BankSupreme Court of Virginia · 1881
- Nease v. Insurance Co.West Virginia Supreme Court · 1889
- Hotchkiss v. Fitzgerald Patent Prepared Plaster Co.West Virginia Supreme Court · 1895
- National Tube Co. v. SmithWest Virginia Supreme Court · 1905
3Cited by4 opinions
- Raleigh County Bank v. BallWest Virginia Supreme Court · 1932
- Crawford v. CrawfordWest Virginia Supreme Court · 1931
- Farmers' Mutual Fire Insurance v. SmithMichigan Supreme Court · 1929
- Armour & Co. v. MillerCourt of Appeals for the Eighth Circuit · 1937