Legal Opinion · Dissent

Miller v. Huntington & Ohio Bridge Co.

West Virginia Supreme Court

Decided May 20, 1941No. 9161Published

1DissentLoviNS, Judge

The majority opinion states that the questions arising herein fall into three main points: “ (1) Are the plaintiffs below entitled to maintain this suit; (2) has the county court legal authority to purchase and operate the bridge in question; and (3) if the power exists was the exercise thereof in this case tainted with such constructive or other fraud as will warrant us in voiding the sale and pur chase under investigation?” I shall endeavor to follow this outline in my note of dissent.

As to the first point, suffice it to say that I agree with the majority of the Court.

Coming to a discussion…

2Cases cited6 opinions

  1. Moore v. GregoryCourt of Appeals of Virginia · 1925
  2. Hulings v. Hulings Lumber. Co.West Virginia Supreme Court · 1893
  3. Leader Publishing Co. v. Grant Trust & Savings Co.Indiana Supreme Court · 1915
  4. Board of Commissioners v. Elm Grove Mining Co.West Virginia Supreme Court · 1940
  5. Hatten v. HattenWest Virginia Supreme Court · 1931

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