Legal Opinion

Morris v. Taylor

West Virginia Supreme Court

Decided April 9, 1912PublishedCited by 17 opinions

Error to Circuit Court, Harrison County. Information by Will E. Morris, Prosecuting Attorney of Harrison County, against E. Ottis Taylor and others to have the incorporation of 'the Town of Stealey Heights declared null and void. From a judgment dismissing the information and quashing the writ, the informant brings error.

1Opinion of the Court

POFFENBARGEE, JUDGE :

At the relation of certain citizens, Will E. Morris, Prosecuting Attorney of Harrison county, filed an information in the nature of a writ of quo warranto against certain persons as mayor, recorder and councilmen of the town of Stealey Heights, incorporated under the provisions of chapter 47 of the Code, the object of which proceeding was to have the incorporation of said town declared null and void upon two grounds: (1) alleged unconstitutionality of said chapter 47 of the Code, purporting to authorize such incorporation, and (2) non-compliance with the requirements of…

2Cases cited17 opinions

  1. State v. HardenWest Virginia Supreme Court · 1907
  2. In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
  3. People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
  4. State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881
  5. City of Galesburg v. HawkinsonIllinois Supreme Court · 1874

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3Cited by17 opinions

  1. Ferretti v. JacksonSupreme Court of New Hampshire · 1936
  2. Sutherland v. MillerWest Virginia Supreme Court · 1917
  3. In Re City of PhoenixArizona Supreme Court · 1938
  4. In Re Proposal to Incorporate the Town of ChesapeakeWest Virginia Supreme Court · 1947
  5. Wiseman v. CalvertWest Virginia Supreme Court · 1950

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