Legal Opinion

Corrothers v. Board of Education

West Virginia Supreme Court

Decided April 24, 1880PublishedCited by 16 opinions

Appeal from and supersedeas to two orders of the circuit court of the county of Monongalia, made on the 18th day of August, 1876, in a cause in chancery in said court th<3n pending, wherein John W. Corrothers and others plaintiffs and the Board of Education ot Clinton of the county of Monongalia was defendant, owed upon the petition of said plaintiffs. Hon. Charles S. Lewis, judge of the second judicial circuit made the orders appealed from.

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Appeal from and supersedeas to two orders of the circuit court of the county of Monongalia, made on the 18th day of August, 1876, in a cause in chancery in said court th<3n pending, wherein John W. Corrothers and others plaintiffs and the Board of Education ot Clinton of the county of Monongalia was defendant, owed upon the petition of said plaintiffs. Hon. Charles S. Lewis, judge of the second judicial circuit made the orders appealed from. Johnson, Judge, furnishes the following statement of the case: In March, 1876, the plaintiffs presented to the judge of the circuit court of Monongalia…

1Opinion of the CourtJohnson, Judge

Does the bill present a proper cáse for the interposition of a court of equity?

Bull et al. v. Read et al., 13 Gratt. 78, was an injunction to a levy for taxes for school-purposes, on the ground that it was illegally levied under the act providing for free schools in the first magisterial district of Accomack county, and on the further ground that the said act was unconstitutional. It was claimed by the defendants that a court of equity had no jurisdiction in the case. Judge' Lee, who delivered the opinion of the court in that case, said at page eighty-seven : “It may be that for each act *541of…

2Cases cited5 opinions

  1. The ThamesSupreme Court of the United States · 1872
  2. Bull v. ReadSupreme Court of Virginia · 1855
  3. Kuhn v. Board of EducationWest Virginia Supreme Court · 1871
  4. Board of Supervisors v. MinturnWest Virginia Supreme Court · 1870
  5. McClung v. LivesayWest Virginia Supreme Court · 1874

3Cited by16 opinions

  1. Chesapeake & Ohio R. Co. v. MillerWest Virginia Supreme Court · 1882
  2. County Court v. BoremanWest Virginia Supreme Court · 1890
  3. Christie v. MaldenWest Virginia Supreme Court · 1884
  4. Blue Jacket Consolidated Copper Co. v. ScherrWest Virginia Supreme Court · 1901
  5. Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885

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