Lee v. City of Elkins
This text of 124 S.E. 499 (Lee v. City of Elkins) 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
The circuit court sustained a demurrer to plaintiff’s bill as amended, and the plaintiff, declining to make further amendment, the bill was dismissed. In the same order the court certified for review its ruling upon the demurrer, under section 1, chapter 135, Code. The order of dismissal being final, we have no jurisdiction under the order of certification to determine the question certified. Heater v. Lloyd, 85 W. Va. 570, 102 S. E. 228; Gas Company v. Shreve, 90 W. Va. 277, 110 S. E. 714; Marks v. Mitchell, 90 W. Va. 702, 111 S. E. 763.
Our ruling will be certified to the circuit court.
Dismissed.
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Cite This Page — Counsel Stack
124 S.E. 499, 97 W. Va. 183, 1924 W. Va. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-city-of-elkins-wva-1924.