Clark v. Bryan
This text of 37 S.E. 543 (Clark v. Bryan) 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.
Opinion
This 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.
Dismissed.
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Cite This Page — Counsel Stack
37 S.E. 543, 48 W. Va. 271, 1900 W. Va. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-bryan-wva-1900.