Legal Opinion

State ex rel. Pingley v. Pingley

West Virginia Supreme Court

Decided September 9, 1919PublishedCited by 18 opinions

Case Certified from Circuit Court, Randolph. County. Action by the State of West Virginia, for the use of George W. Pingley against D. W. Pingley and others. Demurrer to amended declaration overruled, and decision certified.

1Opinion of the Court

J?OFFENBARGER, JUDGE :

Having overruled a demurrer to an amended declaration «claiming, by a single count, right of recovery, upon an injunction bond, of attorneys fees, as part of the damages occasioned by the injunction and as an item within the indemnity afforded by the bond, the trial court has certified its decision upon the question of the sufficiency of the declaration to this court for review, upon the joint request «of the parties.

Being of the opinion that the declaration, as originally iiiled, was insufficient, the court sustained a demurrer to it. 'Thereupon, the plaintiff amended…

2Cases cited6 opinions

  1. Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
  2. Burkett v. GriffithCalifornia Supreme Court · 1891
  3. State ex rel. Levy v. MedfordWest Virginia Supreme Court · 1891
  4. Brooks v. PaddockSupreme Court of Colorado · 1881
  5. State v. NashWest Virginia Supreme Court · 1913

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

3Cited by18 opinions

  1. State Ex Rel. Medley v. SkeenWest Virginia Supreme Court · 1953
  2. Cawley v. Board of Trustees of Firemen's PensionWest Virginia Supreme Court · 1953
  3. Vorholt v. VorholtWest Virginia Supreme Court · 1931
  4. Case v. ShepherdWest Virginia Supreme Court · 1954
  5. State ex rel. Emery v. RodgersWest Virginia Supreme Court · 1953

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

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