Freshwater v. Pittsburgh, Wheeling & Kentucky R. R.

Citations

• 6 W. Va. 503

Syllabus

<p>Syllabus.</p> <p>1. In considering and determining an appeal from an order of a judge,, of a circuit court allowing an injunction, the bill being properly verified by tlio affidavit of the plaintiff, and the proceeding bejng altogether ex parte, the appellate court must talce and consider the allegations of the bill as being ¡irima facie true.</p> <p>2. Talcing the allegations of the bill as being prima facie true, the order of injunction appealed from, was properly made, sufficient equity appearing on the face of the bill.</p> <p>3. On an appeal from a preliminary order of injunction, made by a judge of a circuit court, in vacation, the appellate court will not consider any depositions in the cause taken by the appellant subsequent to the time such order of injunction took effect.</p>