Chesapeake & Ohio Railroad v. Patton
West Virginia Supreme Court
The following bill of injunction was obtained on the 11th of October, 1870: ‘‘ To the Honorable Judge of the Circuit Court of Fayette County : “ Showeth unto your Honor your orator, Robert Patton- “ That he is the owner and is possessed in fee of a tract of land in the county of Fayette, State of West Virginia, lying on the Kanawha river, containing forty and one-half acres of land, adjoining the lands of Oliver A. Patton, trustee for his wife, and others, and purchased by…
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The following bill of injunction was obtained on the 11th of October, 1870: ‘‘ To the Honorable Judge of the Circuit Court of Fayette County : “ Showeth unto your Honor your orator, Robert Patton- “ That he is the owner and is possessed in fee of a tract of land in the county of Fayette, State of West Virginia, lying on the Kanawha river, containing forty and one-half acres of land, adjoining the lands of Oliver A. Patton, trustee for his wife, and others, and purchased by your orator from one Mason Coleman. “ That the said land described is in part comprised of valuable Kanawha river bottom,…
1Opinion of the CourtMaxwell, J.
This was an injunction to restrain the Chesapeake and Ohio Railroad Company and others, from using or operating certain telegraph wires placed upon the land of the plaintiff bjr the said defendant, and also to restrain the *238same parties from doing any work of any kind whatever, towards the construction of the Chesapeake and Ohio railroad on the said premises.
It is claimed, first, that it was error to grant the injunction because the bill was not sworn to before an officer authorized to administer an oath. The bill was sworn to before John Slack, clerk of the circuit court of Kanawha county,…
2Cited by5 opinions
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