Legal Opinion · Dissent

Lewis v. Asseff

West Virginia Supreme Court

Decided April 9, 1957No. 10823Published

1DissentBrowning, Judge

I respectfully dissent from the decision of the Court, believing that the action of the trial chancellor in dissolving the injunction was a matter within his judicial discretion, and that such discretion was not abused upon the pleadings and evidence before him. There can be no question about the applicable general principles. The decisions of this Court are uniform to the effect that it is within the judicial discretion of a trial chancellor whether a temporary injunction shall be dissolved or continued in effect. The City of Huntington v. Greene Line Terminal Company, 126 W. Va. 463, 28 S.…

2Cases cited4 opinions

  1. Nichols v. Central Virginia Power Co.Supreme Court of Virginia · 1925
  2. Robrecht v. RobrechtWest Virginia Supreme Court · 1899
  3. Kessel v. CohenWest Virginia Supreme Court · 1927
  4. City of Huntington v. Greene Line Terminal Co.West Virginia Supreme Court · 1944

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