Mason City S. & M. Co. v. Town of Mason
West Virginia Supreme Court
■ Woods, .Judge, furnishes the following statement of the case: This is a hill filed hy the Mason City Salt and Mining Company, a corporation existing and organized hy and under the laws of this State, against the town of Mason, an incorporated town in this State, to enjoin and restrain the said town from opening certain streets and alleys through the plaintiff’s lands without having first condemned the same to the public use.
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■ Woods, .Judge, furnishes the following statement of the case: This is a hill filed hy the Mason City Salt and Mining Company, a corporation existing and organized hy and under the laws of this State, against the town of Mason, an incorporated town in this State, to enjoin and restrain the said town from opening certain streets and alleys through the plaintiff’s lands without having first condemned the same to the public use. The material allegations of the plaintiff’s hill are, that it is the owner in fee simple of a certain tract of land in the county of Mason in this State lying adjacent…
1Opinion of the Court
Woods, Jud&e •.
The appellant assigns three several grounds of error in the said decree. “First — That the court erred in dissolving-said injunction at the same term at which the answer was filed, under the special circumstances surrounding this case. Second — In overruling its motion for a continuance, and forcing the plaintiff to a hearing at the same term at which the answer was filed. Third — In dismissing the bill at the time of dissolving the injunction, as section 18 of chapter 138 of the Code gave the plaintiff until the last day of the term to show cause against the' dismissing of the…
2Cases cited4 opinions
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- McMillan v. FerrellWest Virginia Supreme Court · 1874
- Pierpoint v. Town of HarrisvilleWest Virginia Supreme Court · 1876
- Estill v. McClintic's Adm'rWest Virginia Supreme Court · 1877
3Cited by17 opinions
- Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
- Robrecht v. RobrechtWest Virginia Supreme Court · 1899
- Miller v. Town of AracomaWest Virginia Supreme Court · 1888
- Diamond Match Co. v. Village of OntonagonMichigan Supreme Court · 1888
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