Arbuckle v. McClanahan

Citations

• 6 W. Va. 101

Syllabus

<p>Syllabus.</p> <p>1. When a cause is regularly heard on hill and answer (the answer denying the material allegations of the hill), and general replication, exhibits, and upon a motion to dissolve an injunction; in the absence of evidence tending to prove the material allegations of the bill, it is error in the Court to refuse to dissolve the injunction, and refer the cause to a commissioner, to take the account prayed in the bill.</p> <p>2. When the Court erred as in the ease above stated, it is not error in the Judge of the Court afterwards upon proper notice and motion in vacation to dissolve the injunction, before the report of the Commissioner is made, if the Plaintiif at the hearing of the motion to dissolve still fails to present evidence tending to prove the material allegations of his bill; and in such case it is not error for the Court to dissolve the injunction, before disposing of a report of a Commissioner or exceptions thereto, or exceptions of Plaintiff to depositions of Defendant.</p>