N. & W. R. R. v. Postal Telegraph Cable Co.
N. & W. R. R. v. Postal Telegraph Cable Co.
Opinion of the Court
delivered the opinion of the court.
The hill was filed by the appellant, the Norfolk and Western Railroad Company, on the 15th day of June, 1889, seeking an injunction to restrain the appellee, the Postal Telegraph Cable Company, its agents .and attorneys, from further proceedings in the county court of Southampton county for the condemnation of a right of way upon the road-way of the appellant company until the production of the books and papers
On the 29th day of June, 1889, the chancery court, upon motion, after notice thereof, and upon consideration of copies of the proceedings of the condemnation proceedings in the county courts of Isle of Wight and Prince George, tiled in the said suit, dissolved the injunction awarded herein on the 14th day of June, 1889; whereupon, the appellant, the Horfolk & Western Railroad Company, applied for and obtained an appeal to this court on the 19th of August, 1889. We are of opinion to affirm this decree of the chancery court of the city of Richmond dissolving the injunction, because it was improvidently awarded. Under section 3436 of the Code of Virginia the chancery court of the city of Richmond had no jurisdiction to enjoin an act or proceeding to be done in the counties of Isle of Wight and Prince George, it being therein expressly provided that, such injunction should be brought in the county where the act was to be done or the apprehended proceedings had, and also because the discovery sought was not such as the plaintiff had a right to demand; it appertaining
Decree aeeirmed.
Reference
- Full Case Name
- N. & W. R. R. Co. v. Postal Telegraph Cable Co.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Injunction—Jurisdiction—Case at bar.—The chancery court of city of Richmond having enjoined an act to be done in the county of Prince George ; Held : Injunction improvidently awarded. Code, § 3436.