Lee v. City of Elkins

West Virginia Supreme Court of Appeals
Lee v. City of Elkins, 124 S.E. 499 (W. Va. 1924)
97 W. Va. 183; 1924 W. Va. LEXIS 180
Meredith

Lee v. City of Elkins

Opinion of the Court

MEREDITH, PRESIDENT :

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.

Reference

Full Case Name
Lee v. . City of Elkins.
Cited By
7 cases
Status
Published