City of Elkins v. Harper
West Virginia Supreme Court
Casé certified from Circuit Court, Randolph County. Bill by the City of Elkins against. Seymour Harper and others. Demurrer to bill overruled, and decision of circuit court certified for review.
1Opinion of the Court
POFFENBARGER, PRESIDENT :
Having overruled a demurrer to a bill for enforcement of a lien claimed for the cost of street paving, under a reassessment made in pursuance of provisions of sec. 28 of ch.,12 of the Acts of 1915, constituting the amended charter of the city of Elkins, and rejected a plea of res acljudic-ata thereto, the judge of the Circuit Court of Randolph County has certified his decision to this court for review.
Certain special assessments made by the city of Elkins in the year 1904, for street paving done in the previous year, were invalid for reasons assigned in the opinion…
2Cases cited17 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Woodall v. DarstWest Virginia Supreme Court · 1912
- City of Seattle v. KelleherSupreme Court of the United States · 1904
- City of Benwood v. Public Service CommissionWest Virginia Supreme Court · 1914
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3Cited by5 opinions
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