M. W. Kellogg Co. v. Concrete Accessories Corp.

Haden, Justice:

This is an appeal pursuant to West Virginia Code, Chapter 58, Article 5, Section 1(h) by M. W. Kellogg Company, a corporation, from an order of the Circuit Court of Harrison County, quashing an attachment and garnishment sued out concurrent with the institution of a civil action. At issue is the correctness of the lower court’s ruling quashing the attachment and garnishment.

Prior to the institution of the civil action, Kellogg had entered into a contract with the Allegheny Power System assuming the duty of constructing certain smoke stacks and chimneys at the Harrison Power…