Legal Opinion

In re Town of Union Mines

West Virginia Supreme Court

Decided March 28, 1894PublishedCited by 28 opinions

I. — The right of parties interested in proposed town to appear and contest validity of proceedings. — 30 W. Ya. 81; Code, . c. 47, s. 6 ; 36 W. Va. 268. II.- — -Majority of all the qualified voters residing ivithin the proposed territory must vote for incorporation. — Code, c. 47, s. 8, 9, 48 ; Id. e. 39, s. 15. III.- — Ms to the constitutionality of the Act conferring poiver upon Circuit Courts to incorporate towns. — Const.

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I. — The right of parties interested in proposed town to appear and contest validity of proceedings. — 30 W. Ya. 81; Code, . c. 47, s. 6 ; 36 W. Va. 268. II.- — -Majority of all the qualified voters residing ivithin the proposed territory must vote for incorporation. — Code, c. 47, s. 8, 9, 48 ; Id. e. 39, s. 15. III.- — Ms to the constitutionality of the Act conferring poiver upon Circuit Courts to incorporate towns. — Const. Art. Y, s. 1; 28 W. Ya. 264; 30 W. Ya. 479 ; Const. Art. YIII, ss. 3, 12, 23: 29 Mich. 451; 6 Cal. 143: 79 Ill. 152: 1 Wash. (1890) 98; 32 Minn. 540; 23 Keb. 426; 5…

1Opinion of the Court

Bent, J tjd&e :

William Rigg and others applied to the Circuit Court of Kanawha county under chapter 47 of the Code and obtained a charter for the town of Union Mines after having shown by proof satisfactory to said court, that the provisions of said chapter had been fully complied with. The petitioners here appeared in said court and asked to contest the application, but the court refused to allow them to do so, and yet at the same time signed a bill of exceptions setting forth the proceeding of the court on said application and the appearance and contest of petitionei’s; and thereupon they…

2Cases cited8 opinions

  1. Wheeling Bridge & T. R'y Co. v. PaullWest Virginia Supreme Court · 1894
  2. Mackin v. Taylor County CourtWest Virginia Supreme Court · 1893
  3. Poteet v. County CommissionersWest Virginia Supreme Court · 1887
  4. Shephard v. WheelingWest Virginia Supreme Court · 1887
  5. P. C. &. St. L. R'y. Co. v. Board of Public WorksWest Virginia Supreme Court · 1886

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3Cited by28 opinions

  1. State v. HardenWest Virginia Supreme Court · 1907
  2. United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
  3. State v. HuberWest Virginia Supreme Court · 1946
  4. Hodges v. Public Service CommissionWest Virginia Supreme Court · 1931
  5. Sims v. FisherWest Virginia Supreme Court · 1943

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