West Virginia Supreme Court of Appeals, 1924

Lee v. City of Elkins

Lee v. City of Elkins
West Virginia Supreme Court of Appeals · Decided September 16, 1924 · Meredith
124 S.E. 499; 97 W. Va. 183; 1924 W. Va. LEXIS 180 (South Eastern Reporter)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.