Tierney v. United Pocahontas Coal Co.
West Virginia Supreme Court
Appeal from Circuit Court, McDowell County. Suit by L. E. Tierney against the United Pocahontas Coal Company and others, in which a decree was modified and affirmed on appeal, and from a subsequent decree executing the former one by requiring payments of money by the United Pocahontas Coal Company and Worth Kilpatrick to L. E. Tierney and the Flat Top National Bank, the losing parties appeal, and the others assign cross-errors.
1Opinion of the Court
Poffenbarger, Judge:
The decree constituting the basis of the former appeal in this canse disposed of by the decision reported in 85 W. Va., 545, was interlocutory and appealable only because it settled the principles of the cause. From a subsequent decree executing the former one,-by requirements of payment of large sums of money, by the United Pocahontas Coal Company and Worth Kilpatrick, to L. E. Tierney and the Flat Top National Bank, the losing parties have appealed and the others have cross-assigned errors.
For some reason not disclosed, J. A. Armstrong, G-. C. Armstrong, A. Stone and A.…
2Cases cited8 opinions
- Barbour v. TompkinsWest Virginia Supreme Court · 1906
- McCullough v. ClarkWest Virginia Supreme Court · 1921
- Tierney v. United Pocahontas Coal Co.West Virginia Supreme Court · 1920
- Stearns v. MasonSupreme Court of Virginia · 1874
- Cresap v. BrownWest Virginia Supreme Court · 1918
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3Cited by2 opinions
- Lehman v. Hansord Pontiac Co. Inc.Supreme Court of Minnesota · 1955
- Mourikas v. VardianosCourt of Appeals for the Fourth Circuit · 1948