Legal Opinion

Preston County Power Co. v. Franklin Coal & Coke Co.

West Virginia Supreme Court

Decided November 14, 1922PublishedCited by 2 opinions

1Opinion of the Court

Miller, Judge':

In a suit in equity and upon a foreign attachment, the court below by the decree now complained of, quashed the affidavit for attachment, and also the attachment, upon the *309ground that the affidavit was not sufficient to support the same.

The only ground relied on to justify the decree is that the affidavit did not sufficiently describe the nature of plaintiff’s claim ami did not show that the plaintiff really had a claim or debt against'the defendant company.

The affidavit of W. A. Schaeffer, treasurer of the .-plaintiff company, was “that the claim for which the said suit is…

2Cases cited12 opinions

  1. Sommers v. AllenWest Virginia Supreme Court · 1897
  2. Cosner's Administrator v. SmithWest Virginia Supreme Court · 1892
  3. Home Distilling Co. v. HimmelWest Virginia Supreme Court · 1914
  4. Bank of Union v. LoebWest Virginia Supreme Court · 1912
  5. Hale v. GrowWest Virginia Supreme Court · 1921

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Hovatter v. Rowlesburg Lumber Co.West Virginia Supreme Court · 1925
  2. W. T. Rawleigh Co. v. McMillanWest Virginia Supreme Court · 1931

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