Central Trust Co. v. Green

West Virginia Supreme Court

Central Trust Co. v. Green

127 S.E. 32, 98 W. Va. 200, 1925 W. Va. LEXIS 33

CourtWest Virginia Supreme Court

DecidedFebruary 17, 1925

DocketC. C. 330.

StatusPublished

Cited by1 cases

This text of 127 S.E. 32 (Central Trust Co. v. Green) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Central Trust Co. v. Green, 127 S.E. 32, 98 W. Va. 200, 1925 W. Va. LEXIS 33 (W. Va. 1925).

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Opinion

Woods, Judge:

This cause is improperly here on certificate from the Circuit Court of Kanawha County. The record shows that the cause was heard by the Court of Common Pleas of Kanawha County, on the bill, amended bill, demurrer thereto, and certain answers, and that the court on consideration thereof entered a decree adjudicating’ the principles of the cause. On appeal to the Circuit Court, the decree of the lower court was affirmed, and in the same order the court certified for review its action on the demurrer, under section 1 of chapter 135, Code. The principles of the cause having been finally adjudicated, both by the Common Pleas Court and the Circuit on appeal, the questions arising thereunder can only be brought here on appeal. This Court has no jurisdiction to determine the questions certified. Heater v. Lloyd, 85 W. Va. 570; Gas Company v. Shreve, 90 W. Va. 277; Marks v. Mitchell, 90 W. Va. 702; and Lee v. City of Elkins, 97 W. Va. 183, 124 S. E. 499.

Dismissed.

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Woods, Judge:

This cause is improperly here on certificate from the Circuit Court of Kanawha County. The record shows that the cause was heard by the Court of Common Pleas of Kanawha County, on the bill, amended bill, demurrer thereto, and certain answers, and that the court on consideration thereof entered a decree adjudicating’ the principles of the cause. On appeal to the Circuit Court, the decree of the lower court was affirmed, and in the same order the court certified for review its action on the demurrer, under section 1 of chapter 135, Code. The principles of the cause having been finally adjudicated, both by the Common Pleas Court and the Circuit on appeal, the questions arising thereunder can only be brought here on appeal. This Court has no jurisdiction to determine the questions certified. Heater v. Lloyd, 85 W. Va. 570; Gas Company v. Shreve, 90 W. Va. 277; Marks v. Mitchell, 90 W. Va. 702; and Lee v. City of Elkins, 97 W. Va. 183, 124 S. E. 499.

Dismissed.

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Bluebook (online)

127 S.E. 32, 98 W. Va. 200, 1925 W. Va. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-trust-co-v-green-wva-1925.

Opinion

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