Wheeling Gas Co. v. City of Wheeling
West Virginia Supreme Court
The facts in this case are, substantially, tbattbe Wheeling 'Gas Company was a corporation created by act of the General Assembly of Virginia, with the privilege to construct and maintain gas works in the city of Wheeling, and such privilege was exclusive for the space of thirty tyears; Provided, that at the expiration of twenty years from the date of its commencement, and within six months thereafter, the city of Wheeling should have the right at the discretion of the…
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The facts in this case are, substantially, tbattbe Wheeling 'Gas Company was a corporation created by act of the General Assembly of Virginia, with the privilege to construct and maintain gas works in the city of Wheeling, and such privilege was exclusive for the space of thirty tyears; Provided, that at the expiration of twenty years from the date of its commencement, and within six months thereafter, the city of Wheeling should have the right at the discretion of the •counciL thereof, to purchase the grounds, works, fixtures and property of the company, at such terms as could be agreed upon…
1Opinion of the CourtMaxwell, J.
The question as to whether the Gas Company might proceed to obtain relief by quo warranto, or information in nature of a quo warranto, made by counsel for the City, does not arise in this case.
This is a proceeding or bill in equity, and as to jurisdiction the only question for this court to determine is, whether or not, in the pleadings and proofs, a proper case is made for relief in a court of equity.
The first point made by the counsel for the Gas Company is, that the case on the pleadings and proofs, is a proper one for relief in equity.
There was a demurrer filed by the City to the bill,…
2Cited by20 opinions
- Sebree v. Board of EducationIllinois Supreme Court · 1912
- Gas Co. v. WheelingWest Virginia Supreme Court · 1875
- Providence Washington Insurance v. Board of EducationWest Virginia Supreme Court · 1901
- Jenkins v. City of ElkinsWest Virginia Supreme Court · 2012
- Hughes v. National Fuel Co.West Virginia Supreme Court · 1939
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