Rollins v. Fisher

Citations

• 17 W. Va. 578
• 1880 W. Va. LEXIS 21

Syllabus

<p>1. A judge of a oftcuit court hae no power or authority to render a decree in vacation which purports to be final as to any subject embraced by it.</p> <p>2. Where a judge of a circuit court makes a decree in vacation dissolv-hag an injunction upon notice and motion, which by law he is authorized to do in a proper case, if in such decree of dissolution he proceeds further and decrees in the cause as to other matters involved therein, over winch he has no jurisdiction to hear and determine in vacation, the Appellate Oourt, on determining that the injunction was erroneously dissolved by the judge in vacation upon the motion to dissolve, will not proceed to adjudicate as to such other matters, but will simply reverse the whole decree and overrule the motion to dissolve, and remand the cause to the circuit court for such further proceedings therein to be bad, as are in accordance with the principles and rules governing courts of equity.</p> <p>Syllabus 1.</p> <p>2.</p>