Miller v. Town of Aracoma
West Virginia Supreme Court
Statement of the case by Woods, Judge : On the 28th of February, 1885, J. S. Miller presented to the judge of the Circuir Court of Logan county in vacation his bill, verified by his affidavit, against Guy M. Dingess and the town of Aracoma, alleging substantially the following facts : That on the 12th of January, 1880, he purchased from one Ellis a house and parcel of land containing about half an acre, situated within the village of Logan Court House, and wifhin the limits…
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Statement of the case by Woods, Judge : On the 28th of February, 1885, J. S. Miller presented to the judge of the Circuir Court of Logan county in vacation his bill, verified by his affidavit, against Guy M. Dingess and the town of Aracoma, alleging substantially the following facts : That on the 12th of January, 1880, he purchased from one Ellis a house and parcel of land containing about half an acre, situated within the village of Logan Court House, and wifhin the limits of the town of Aracoma, which was duly incorporated by the Circuit Court of said county, at the spring term thereof,…
1Opinion of the Court
Woods, Judge:
It is evident from an inspection of the record that the defendant, the town of Aracoma, although regularly served with process, never appeared to or answered the bill, and therefore the same, as to it, has, in legal effect, been taken for confessed. J. R. Perry, the mayor of the said “ town,” is not a defendant in the cause, and therefore he had no' right to appear and answer the bill, and the fact that he did so can not have the effect to make him a party to the cause, nor can his answer be taken as the answer of said corporation, which is always required to be made under its…
2Cases cited5 opinions
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- Pierpoint v. Town of HarrisvilleWest Virginia Supreme Court · 1876
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3Cited by14 opinions
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