Virginia v. West Virginia, 234 U.S. 117 (1914)

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Virginia v. West Virginia

No. 2, Original

Argued April 16, 17, 1914
Decided June 8, 1914
234 U.S. 117

MOTION OF THE STATE OF WEST VIRGINIA FOR LEAVE TO FILE A

SUPPLEMENTAL ANSWER TO THE BILL OF COMPLAINT OF THE

COMMONWEALT OF VIRGINIA

Syllabus

The ordinary rules of legal procedure applicable to cases between individuals cannot be always applied to controversies between states involving grave questions of law determinable by this Court under the exceptional grant of jurisdiction conferred by the Constitution.

In this case, the defendant state is permitted to file a supplemental answer, the averment in which are to be considered as traversed by the complainant state, and the subject matter of the supplemental answer is referred to the Master before whom previous hearings were had with directions to report at the commencement of the next term of this Court.

The facts, which involve the procedure and practice in an original case between two states of the Union and the rules to be applied in regard to the filing of a supplemental answer, are stated in the opinion.