Kelly v. Wellsburg
West Virginia Supreme Court
Appeal from Circuit Court, Brooke County. Bill by John AY. Kelly and others against the AYellsburg & Buffalo A^alley Company, AYellsburg Coal Company and AYells-burg and State Line Railroad Company, and by Adamson and Murdock against the same defendants. Decrees for plaintiffs, and defendants appeal.
1Opinion of the Court
POFFENBARGER, JUDGE :
Upon an alleged irregulartity in this appeal, a motion to dismiss it is founded. The objection is that it seeks to bring up for review two separate and distinct causes. Its purpose is to reverse decrees in two suits, but they were, in substantial respects, heard together. Moreover, some of the issues made ran through both causes and the depositions applicable to both were taken and filed as in a single case. • Separate orders of reference were originally made, but both causes were recommitted by a single one and, under the separate references, the commissioner made a…
2Cases cited4 opinions
- Atwood v. Shenandoah V. R. R.Supreme Court of Virginia · 1889
- Hunt v. Memphis Gaslight Co.Tennessee Supreme Court · 1895
- Baxter v. WashburnTennessee Supreme Court · 1881
- Broomall v. North American Steel Co.West Virginia Supreme Court · 1912
3Cited by1 opinion
- Kelly v. Wellsburg & State Line R. R.West Virginia Supreme Court · 1917