Riggs v. Armstrong
West Virginia Supreme Court
Skydur, Judge, furnishes the following statement of the case: On August 12,1881, John A. Armstrong and the Monitor Towboat and Lumber Company two of the defendants to the original bill in the above entitled cause then pending in the circuit court of Pleasants county, presented to the judge of said court in vacation thier cross-bill praying, among other matters, an injunction to restrain ~W. W. Hall, trustee, and the Pittsburgh Stave Company from selling the staves in the…
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Skydur, Judge, furnishes the following statement of the case: On August 12,1881, John A. Armstrong and the Monitor Towboat and Lumber Company two of the defendants to the original bill in the above entitled cause then pending in the circuit court of Pleasants county, presented to the judge of said court in vacation thier cross-bill praying, among other matters, an injunction to restrain ~W. W. Hall, trustee, and the Pittsburgh Stave Company from selling the staves in the cross-bill mentioned, which injunction was granted. The plaintiffs in the cross-bill state therein that the said orignal…
1Opinion of the Court
Snyder, Judge:
The appellee, the Pittsburgh Stave Company, insists that the appellants are not prejudiced by the degree because the matters set up in their bill are not the subject of a cross-bill and, if treated as an original bill, equity has no jurisdiction to grant them the relief prayed. If this position be correct it *767disposes of this appeal without, reference to the errors assigned by the appellants. It should, therefore, be first considered.
The original bill and the answers thereto are not printed in -the transcript before us and the only means we have of ascertaining the issues in that…
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