City of Benwood v. Wheeling Railway Co.
West Virginia Supreme Court
Appeal from Circuit Court, Marshall County. Bill by the City of Benwood against the Wheeling Railway Company and another. Decree for plaintiff, and defendants appeal..
1Concurrence
BüANNON, Judge,
(concurring) :
I do not see that oral evidence can be received to contradict the statement of facts in the council record that a quorum was present. The first thing a council meeting must do is to ascertain whether a quorum, is present. When it states the fact, it must be taken that its inquiry revealed that fact. That is a jurisdictional fact, I concede; but the fact is the ultimate fact, the result of the inquiry, and the record need not detail the facts going to show why it was found that a quorum was present. I think the proposition stated in Shank v. Ravenswood, 43 W. Va.…
2Cases cited4 opinions
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
- Town of Mason v. Railroad Co.West Virginia Supreme Court · 1902
- Mercantile Trust & Deposit Co. of Baltimore v. Collins Park & B. R.U.S. Circuit Court for the Northern District of Georgia · 1900