Whitteker v. Charleston Gas Co.
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the circuit court of the county of Kanawha, rendered, one on the 11th day of January, 1878, and the other on the 28th day of May, 1878, in a chancery cause in said court then pending, wherein Henry T. Whitteker was plaintiff and The Charleston Gas Company was defendant, allowed on the petition of the said defendant.
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Appeal from and supersedeas to two decrees of the circuit court of the county of Kanawha, rendered, one on the 11th day of January, 1878, and the other on the 28th day of May, 1878, in a chancery cause in said court then pending, wherein Henry T. Whitteker was plaintiff and The Charleston Gas Company was defendant, allowed on the petition of the said defendant. Hon. J. Smith, judge of the seventh judicial circuit, rendered the decrees appealed from. • Moore, Judge, furnishes the following statement of the case: Henry T. Whitteker instituted a suit in chancery in the circuit court of Kanawha…
1Opinion of the CourtMoore, Judge
Taking the view I do of this cause, it seems strange that the defendant did not file a demurrer to complainant’s bill. But even without demurrer, the court, at the hearing of the cause, should have dismissed the bill with costs. The allegations of the bill setting up the contract plainly indicate that complainant had a full, adequate and complete remedy at law. As to the note, his remedy was clearly at law. The object of the bill seems to be for the purpose of inducing a court of chancery to usurp law jurisdiction, by permitting the complainant to dispose of the collateral by public auction,…
2Cases cited4 opinions
- Larwill v. KirbyOhio Supreme Court · 1846
- Wakeman v. GowdyThe Superior Court of New York City · 1863
- Nelson v. WellingtonThe Superior Court of New York City · 1859
- Brookman v. MetcalfThe Superior Court of New York City · 1859
3Cited by16 opinions
- Billingsley v. ClellandWest Virginia Supreme Court · 1895
- Scraggs v. HillWest Virginia Supreme Court · 1893
- Garber v. BlatchleyWest Virginia Supreme Court · 1902
- Hotchkiss v. Fitzgerald Patent Prepared Plaster Co.West Virginia Supreme Court · 1895
- Mersick v. AldermanSupreme Court of Connecticut · 1905
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