Legal Opinion

Roe v. Town of Philippi

West Virginia Supreme Court

Decided January 20, 1899PublishedCited by 8 opinions

Error to Circuit Court, Barbour County. Petition by Joseph A. Roe, suing- for the use of the Merchants’ & Mechanics’ Bank of Grafton against the town of Philippi, for mandamus. From a judgment dismissing the petition, petitioner brings error.

1Opinion of the Court

McWhorter, Judge :

On September 13, 1892, the town of Philippi, by its mayor and common council, contracted with Joseph A. Roe to macadamize a certain portion of Main street, in said town, according to the specifications prepared therefor by said mayor and council, at the price of one dollar and thirty-nine cents per perch of twenty-five feet, which was to be done in sections,and when each section should be completed for travel, and when so completed and approved and taken .up by the superintendent to-be designated by the town, the section so completed was to be paid for, less twenty per cent,…

2Cases cited2 opinions

  1. Smith v. Point Pleasant & Ohio River R. R.West Virginia Supreme Court · 1884
  2. Phares v. StateWest Virginia Supreme Court · 1869

3Cited by8 opinions

  1. Devanney v. HansonWest Virginia Supreme Court · 1906
  2. Rainey v. Freeport Smokeless Coal & Coking Co.West Virginia Supreme Court · 1905
  3. Town of Danville v. PaceSupreme Court of Virginia · 1874
  4. Lee v. TapscottCourt of Appeals of Virginia · 1796
  5. Lee v. TapscottCourt of Appeals of Virginia · 1796

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