Legal Opinion

Douglass v. Town of Harrisville

West Virginia Supreme Court

Decided July 17, 1876PublishedCited by 28 opinions

Appeal from, and supersedeas to, decree oí the circuit court of Ritchie, rendered on. April ,30. 1874, in a suit then pending in said court, wherein William H. Douglass and James McKinney were.complainants, and The Town of Harrisvillé and Daniel S. Bush, -Sergeant of said Town, respondents. The appeal was taken by the complainants.. The facts sufficiently appear in the opinion, of Hay-mond, President.

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Appeal from, and supersedeas to, decree oí the circuit court of Ritchie, rendered on. April ,30. 1874, in a suit then pending in said court, wherein William H. Douglass and James McKinney were.complainants, and The Town of Harrisvillé and Daniel S. Bush, -Sergeant of said Town, respondents. The appeal was taken by the complainants.. The facts sufficiently appear in the opinion, of Hay-mond, President. The Hon. James M. Jackson, judge of said court, presided at the hearing b.elow.

1Opinion of the Court

PIaymond, President :

This is a bill of injunction, filed in the circuit court of Ritchie county, against the defendants, to restrain the collection of a sumí of money assessed Py the Town of Harrisvillé against the' plaintiffs, being the costs of-constructing a certain pavement, or sidéwalk,' ón"the' street,.adjacent to a Ipt of plaintiffs, which pavement.the plaintiffs had been previously ordered to make, and- notified that, 'unless they did so within'a specifiedtime,’- it - *164would be done by tbe Town at their costs. The bill 'alleges, in substance, tliat said assessment is, in fact, a tax,…

2Cases cited9 opinions

  1. Dows v. City of ChicagoSupreme Court of the United States · 1871
  2. Groves v. SlaughterSupreme Court of the United States · 1841
  3. Williams v. Mayor of DetroitMichigan Supreme Court · 1853
  4. Susquehanna Bank v. . Supervisors of Broome CountyNew York Court of Appeals · 1862
  5. List v. City of WheelingWest Virginia Supreme Court · 1874

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3Cited by28 opinions

  1. Chesapeake & Ohio R. Co. v. MillerWest Virginia Supreme Court · 1882
  2. Christie v. MaldenWest Virginia Supreme Court · 1884
  3. Blue Jacket Consolidated Copper Co. v. ScherrWest Virginia Supreme Court · 1901
  4. Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
  5. State Ex Rel. Ayers v. ClineWest Virginia Supreme Court · 1986

23 more not listed; retrieve them via the Exa API.

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