Legal Opinion

Burrough v. Ely

West Virginia Supreme Court

Decided November 14, 1903PublishedCited by 6 opinions

Appeal and supersedeas from the Circuit Court, Lewis Comity. Action by C. E. Burroughs against Ralph H. Ely et ails. Judgment for defendant, and plaintiff appeals.

1Opinion of the Court

Dent, Judge:

C. E. Burrough appeals from the decision of the Circuit Court of Lewis County rendered on the 27th day of March, 1902, dismissing a bill in chancery, filed by him against Ralph H. Ely and others, for the purpose of enforcing a common law-lien claimed by the plaintiff on a certain lot of lumber manufactured by him for the defendant Ely.

The first question that presents itself is as to whether such bill is maintainable. If not, the plaintiff’s remedies to determine and sustain his lien must be found in a court of law. *119The nature of the lien is only the right of possession of certain…

2Cited by6 opinions

  1. Fruehauf Corp. v. Huntington Moving & Storage Co.West Virginia Supreme Court · 1975
  2. Haga v. King Coal Chevrolet CompanyWest Virginia Supreme Court · 1966
  3. Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
  4. Hazeltine v. KeenanWest Virginia Supreme Court · 1904
  5. Fishback v. FosterArizona Supreme Court · 1922

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