Thomas v. Town of Mason
West Virginia Supreme Court
I.— The power to relieve the indigent sick is inherent in every municipal corporation. — 4 La. Ann. 42; 36 Mich. 474; 1 Mich. 526; 46 Ala. 411; 27 La. Ann. 101; 6 N. E. Rep. 1; 106 Ind. 129. II. — Municipal corporations can not refuse to pay for work done for them under contract, unless such work is contrary to statute and public policy. — 6 L. R. A. 318; 2 Dill. Mun. Corp. (4th Ed.) 531; 47 Ind. 407; 14 Pa. St. 81; 28 N. E. Rep. 400 ; 25 Pac.
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I.— The power to relieve the indigent sick is inherent in every municipal corporation. — 4 La. Ann. 42; 36 Mich. 474; 1 Mich. 526; 46 Ala. 411; 27 La. Ann. 101; 6 N. E. Rep. 1; 106 Ind. 129. II. — Municipal corporations can not refuse to pay for work done for them under contract, unless such work is contrary to statute and public policy. — 6 L. R. A. 318; 2 Dill. Mun. Corp. (4th Ed.) 531; 47 Ind. 407; 14 Pa. St. 81; 28 N. E. Rep. 400 ; 25 Pac. Rep. 1020. III. — The doctrine of ultra vires should not prevail to the defeat of justice and the working of a legal wrong. — 22 Cal. 620 ; 20 N. J.…
1Opinion of the Court
Holt, Judge:
J. D. Thomas had a claim of four hundred dollars against the town of Mason, and, to compel the town to make a levy for its payment, he obtained an alternative writ of mandamus, which being served, the defendant on the 1st day of May, 1893, in the County Court of Mason county appeared and moved to quash and dismiss the same; and the motion having been argued was sustained, the peremptory writ refused, and the case dismissed, and this writ of error was allowed the plaintiff, Thomas.
The facts averred in plaintiffs petition and the alternative writ are as follows: The town of Mason…
2Cases cited11 opinions
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Coy v. City Council of Lyons CitySupreme Court of Iowa · 1864
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Ray v. WilsonSupreme Court of Florida · 1892
- Wells v. Town of MasonWest Virginia Supreme Court · 1884
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3Cited by11 opinions
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- Cade v. City of BelingtonWest Virginia Supreme Court · 1918
- Maddox v. Anchor Duck MillsSupreme Court of Georgia · 1929
- Bacon v. City of TacomaWashington Supreme Court · 1898
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