Gillison v. City of Charleston
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 11th day of January, 1876, in an action of trespass on the case, in said court then pending, wherein W. E. G. Gillison, trustee of Hattie Slack, was plaintiff, and the City of Charleston was defendant, allowed upon the petition of said city.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Kanawha, rendered on the 11th day of January, 1876, in an action of trespass on the case, in said court then pending, wherein W. E. G. Gillison, trustee of Hattie Slack, was plaintiff, and the City of Charleston was defendant, allowed upon the petition of said city. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the judgment complained of. .Johnson, Judge, furnishes the following statement of the case : This was an action on the case, brought against city of Charleston in the Circuit Court of…
1Opinion of the Court
JohnsoN, Judge,
delivered the following opinion of the Court:
The first question to be determined in this case is: Was the demurrer to the plaintiff’s declaration properly overruled ?
Two grounds of demurrer are insisted upon; first, that the declaration does not show a cause of action, because it claims damages against the defendant, the city of Charleston, “ for drainage of surface-water upon the lot of the plaintiff by a municipal corporation in the construction of its ditches and drains;” and secondly, that “the declaration does not-show possession in the plaintiff at the time the alleged…
2Cases cited25 opinions
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
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3Cited by25 opinions
- Long v. City of WeirtonWest Virginia Supreme Court · 1975
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
- City of Portsmouth v. WeissSupreme Court of Virginia · 1926
- City of Evansville v. DeckerIndiana Supreme Court · 1882
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