Wells v. Board of Education
West Virginia Supreme Court
Writ of error and supersedeas to j adgments of the circuit court of the county of Tyler, rendered respectively on the 6th day of September, 1881, and on the 9th day of September, 1881, in an action in said court then pending, wherein Barney Wells and others were plaintiffs, and the Board of Education of Lincoln District were deiendants, allowed upon the petition of said Board. lion.
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Writ of error and supersedeas to j adgments of the circuit court of the county of Tyler, rendered respectively on the 6th day of September, 1881, and on the 9th day of September, 1881, in an action in said court then pending, wherein Barney Wells and others were plaintiffs, and the Board of Education of Lincoln District were deiendants, allowed upon the petition of said Board. lion. Thomas J. Stealey, judge of the fourth judicial district, rendered the judgment complained of. GreeN, J ud.&e, furnishes the following statement of the case: ■ On August 22, 1881, Barney Wells and nine others,…
1Judgment of the CourtG-Reen, Judge
The questions involved in this case are, first: When can a board of education of a school district legally levy a tax' for the support of free schools in this district for more than four months in the year? Second: If such a tax be illegally levied, what are the remedies, to which the tax-payers may resort, to correct or redress the wrong ? And lastly: Within what time, after such wrong is done, must the tax-payers institute tire proceedings to correct the wrong ?
The members of the board of education of each school district are elected on the third Tuesday in May in each alternate year, the…
2Cases cited3 opinions
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Tallassee Manufacturing Co. v. SpigenerSupreme Court of Alabama · 1873
- Oliver v. CarsnerTexas Supreme Court · 1873
3Cited by6 opinions
- Shephard v. WheelingWest Virginia Supreme Court · 1887
- In re Town of Union MinesWest Virginia Supreme Court · 1894
- County Court v. BrammerWest Virginia Supreme Court · 1910
- Norfolk & Western Railway Co. v. County Court of Mingo CountyWest Virginia Supreme Court · 1941
- Winifrede Coal Co. v. Board of EducationWest Virginia Supreme Court · 1899
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