McEldowney v. Wyatt
West Virginia Supreme Court
Appeal from Circuit Court, Wetzel County. Bill by John C. McEldowney against J. N. Wyatt for an injunction and equitable relief. From a decree for plaintiff, defendant appeals.
1Opinion of the Court
Brannon, President:
J. N. Wyatt was sheriff of Wetzel county, and, as such, held tax bills, for the years 1889, 1890, 1891, and 1892, against John C. McEldowney, and the right to levy had become barred by lapseof time. Wyatt instituted an action of assumpsit in the circuit court to recover the taxes, and later-the legislature passed chapter 63, .Acts 1897, giving sheriffs whose terms expired in December, 1892and 1896, further time until 31st December, 1899, to levy unpaid taxes for the years 1889 to 1892, inclusive. After this act, Wyatt dismissed the action in court “without prejudice.” Later…
2Cases cited10 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- State v. MinesWest Virginia Supreme Court · 1893
- Parkersburg Industrial Co. v. SchultzWest Virginia Supreme Court · 1897
- Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876
- Hinchman v. MorrisWest Virginia Supreme Court · 1887
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3Cited by22 opinions
- State Ex Rel. Appalachian Power Co. v. GainerWest Virginia Supreme Court · 1965
- Cudihee v. PhelpsWashington Supreme Court · 1913
- Bussey v. BishopSupreme Court of Georgia · 1929
- City of Wheeling Ex Rel. Carter v. American Casualty Co.West Virginia Supreme Court · 1948
- McNeeley v. South Penn Oil Co.West Virginia Supreme Court · 1903
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