Legal Opinion

City of Wheeling v. Chesapeake & Potomac Tel. Co.

West Virginia Supreme Court

Decided November 27, 1917PublishedCited by 13 opinions

Suit for injunction by the City of Wheeling against the Chesapeake & Potomac Telephone Company of West Virginia and others. Questions certified.

1Opinion of the Court

Miller, Judge:

The question attempted to be certified by the judge of the circuit court of his own motion, pursuant to section 1, chapter 135, Code of West Virginia, 1916, is whether the bill is bad upon any of the numerous grounds certified.

This question, so far as the record shows, was not passed upon by the circuit court, or by the judge thereof, otherwise than by a vacation order, made in chambers on November 10th, 1917, on bill and exhibits, without other pleadings, but reciting appearance by and arguments of counsel for plaintiff and defendants, and awarding the injunction prayed for…

2Cases cited5 opinions

  1. Zell Guano Co. v. HeatherlyWest Virginia Supreme Court · 1893
  2. First Nat. Bank of Ceredo v. Huntington Distilling Co.West Virginia Supreme Court · 1895
  3. Hayzlett v. McMillanWest Virginia Supreme Court · 1877
  4. Goff v. GoffWest Virginia Supreme Court · 1903
  5. McKell v. Collins Colliery Co.West Virginia Supreme Court · 1899

3Cited by13 opinions

  1. Weatherford v. ArterWest Virginia Supreme Court · 1951
  2. Means v. KiddWest Virginia Supreme Court · 1951
  3. Weese v. WeeseWest Virginia Supreme Court · 1950
  4. State v. StoutWest Virginia Supreme Court · 1956
  5. Consolidation Coal Company v. Mineral Coal CompanyWest Virginia Supreme Court · 1962

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