City of Wheeling v. Campbell
West Virginia Supreme Court
Appeal from an order of the circuit court of Ohio county, made on the 9th day of November 1875, dissolving an injunction entered theretofore in a cause in chancery wherein the city of Wheeling was plaintiff, and William Campbell and others were defendants. referred the Court to the following authorities: Dillon on Mun. Corp., see 252, 518, 520, 521; O’Oon-now. Pitts., 18 Pa. 189; People v. Carpenter, 2 Doug.
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Appeal from an order of the circuit court of Ohio county, made on the 9th day of November 1875, dissolving an injunction entered theretofore in a cause in chancery wherein the city of Wheeling was plaintiff, and William Campbell and others were defendants. referred the Court to the following authorities: Dillon on Mun. Corp., see 252, 518, 520, 521; O’Oon-now. Pitts., 18 Pa. 189; People v. Carpenter, 2 Doug. (Mieh.) 273; Wood on Nuisances, see 252; 28 N. Y. 398; 23 Vt. 92; 28 Vt. 448; 36 Barb. 303; 1 How. PI. Cr. 408; Wood on Nuisance, 243, 812, 840; Cross v. Mayor, &o., 18 N. J. Eq. 311;…
1Opinion of the CourtJohnson, Judge
The first question presented in this case is : was there a dedication to the public of Madison or Tenth street ? The bill alleges that there was, and a use of the street as such for more than forty years. The answer- does not deny this. It admits, “that the commissioners named in the bill, were appointed by the county court of Ohio *45county, pursuant to an act of the Legislature of "Virginia, passed January 29, 1824; and that four of said commissioners made a survey of the town of Wheeling, and marked the several streets and alleys of said town, and made a plat of said survey, which is recorded…
2Cases cited22 opinions
- Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
- Lane v. KennedyOhio Supreme Court · 1861
- City of Cincinnati v. EvansOhio Supreme Court · 1855
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
- Onstott v. MurraySupreme Court of Iowa · 1867
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3Cited by37 opinions
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Hart v. SternbergSupreme Court of Arkansas · 1943
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
32 more not listed; retrieve them via the Exa API.