Legal Opinion

Hager v. Melton

West Virginia Supreme Court

Decided October 26, 1909PublishedCited by 27 opinions

Appeal from Circuit Court, Kanawha County. Suit by Nancy Hager against J. J. Melton, Sheriff, the City of Charleston, and others. Decree for plaintiff, and the city appeals.

1Opinion of the Court

Poffenbarger, Judge:

The City of Charleston complains of a decree of the circuit court of Kanawha county, perpetually enjoining the sheriff of said county from selling certain lots, owned by Nancy J. Hager, to enforce the city’s lien thereon for street paving. The property was certified to the Auditor of the State, as delinquent for non-payment of these assessments, and he certified it to the sheriff of the county for sale as if delinquent for non-payment of ordinary taxes. The sale was enjoined, not merely for irregularity in the sale proceeding, such as defective notice or the like, but also…

2Cases cited10 opinions

  1. Simpson v. EdmistonWest Virginia Supreme Court · 1884
  2. Herold v. CraigWest Virginia Supreme Court · 1906
  3. Love v. TinsleyWest Virginia Supreme Court · 1889
  4. Vincent v. EllisSupreme Court of Iowa · 1902
  5. Caldwell v. CenterCalifornia Supreme Court · 1866

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

3Cited by27 opinions

  1. Benedum v. First Citizens BankWest Virginia Supreme Court · 1913
  2. Missouri Service Co. v. City of StanberrySupreme Court of Missouri · 1937
  3. McCoy v. City of SistersvilleWest Virginia Supreme Court · 1938
  4. City of Avis v. AllenWest Virginia Supreme Court · 1919
  5. Holswade v. City of HuntingtonWest Virginia Supreme Court · 1924

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

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