Carter v. Fortney
U.S. Circuit Court for the District of Northern West Virginia
In Equity. On demurrer to bill. Melville H. Carter and three other citizens of Maryland have filed their bill against Osbum Fortney and 33 other individual citizens of West Virginia, in which they charge the Merchants’ Coal Company to be a West Virginia corporation, the owner of valuable coal lands in Preston county, said state, and operating a coal mining plant at Tunneiton in said county, having mine openings, tipples, miners’ houses, electric mining machinery, and a…
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In Equity. On demurrer to bill. Melville H. Carter and three other citizens of Maryland have filed their bill against Osbum Fortney and 33 other individual citizens of West Virginia, in which they charge the Merchants’ Coal Company to be a West Virginia corporation, the owner of valuable coal lands in Preston county, said state, and operating a coal mining plant at Tunneiton in said county, having mine openings, tipples, miners’ houses, electric mining machinery, and a capacity for over 200 mine workers; that it has valuable existing contracts to furnish coal to contractors therefor, which it…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). It is my purpose to dispose of this demurrer as briefly as possible, and to abstain from any expression touching the facts involved. The demurrer admitting the allegations of the bill to be true justify me in giving them construction liberal to the interests of the complainants without in any manner, in case the demurrer is overruled, prejudicing judgment upon final hearing.when the evidence shall disclose to what extent these allegations are sustained by the facts. It seems to me that this demurrer substantially involves these propositions:
First, lack of…
2Cases cited6 opinions
- Hopkins v. Oxley Stave Co.Court of Appeals for the Eighth Circuit · 1897
- Mercantile Trust Co. v. Texas & P. Ry. Co.U.S. Circuit Court for the District of Western Texas · 1892
- Consolidated Water Co. v. City of San DiegoU.S. Circuit Court for the District of Southern California · 1897
- Consolidated Water Co. v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1899
- Consolidated Water Co. v. City of San DiegoU.S. Circuit Court for the District of Southern California · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Toledo Traction, Light & Power Co. v. SmithDistrict Court, N.D. Ohio · 1913
- Dail-Overland Co. v. Willys-Overland, Inc.District Court, N.D. Ohio · 1919
- Jennings v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Equitable Trust Co. of New York v. DenneyCourt of Appeals for the Seventh Circuit · 1928
- Mahon v. Guaranty Trust & Safe Deposit Co.Court of Appeals for the Seventh Circuit · 1917
4 more not listed; retrieve them via the Exa API.