Public-domain · open source
OpenJurist

48 W. Va. 271

Clark v. Bryan

West Virginia Supreme Court

Decided November 17, 1900

West Virginia Supreme Court · decided 1900-11-17

Bill by C. B. Clark and others against J. B. Bryan and others. From an order awarding an injunction appointing a receiver, defendants appeal.

Cited by 1 later decisions — most recently December 1903

1 state decisions

Relies on Brast v. Kanawha Oil Co.

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1900-11-17

View the full empirical analysis of this case →

Dent, Judge:

¶1This is an appeal improvidently awarded to an ex parte vacation order made by the judge of the circuit court of Tucker County awarding an injunction and appointing a receiver. The appellant has not yet made any appearance in the circuit court for any purpose, and according to the holding of this Court in the late case of Brast v. Kanawha Oil Co. et ad., 46 W. Va. 613, decided since the appeal herein was allowed, it must be dismissed, as the order from which it was taken, however erroneous, is non-appealable until a motion has been made in the lower court to correct it.

¶2Dismissed.

/48/wva/271 · .json · Public domain