Legal Opinion

Town of Appalachia v. Mainous

Court of Appeals of Virginia

Decided September 20, 1917PublishedCited by 5 opinions

Appeal from a decree of the Circuit Court of Wise county. Decree for complainant. Defendant appeals. The Town of Appalachia, desiring to grade certain of it’s streets and avenues, adopted a resolution June 80, 1914, directing the grading to be done, and designating and directing the street committee of said council, composed of E. L. Crizer, J. M. Cornett, and W. H. Johnson, to proceed by personal inspection of all premises likely to be effected by such grading, and…

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Appeal from a decree of the Circuit Court of Wise county. Decree for complainant. Defendant appeals. The Town of Appalachia, desiring to grade certain of it’s streets and avenues, adopted a resolution June 80, 1914, directing the grading to be done, and designating and directing the street committee of said council, composed of E. L. Crizer, J. M. Cornett, and W. H. Johnson, to proceed by personal inspection of all premises likely to be effected by such grading, and ascertain what damages, if any, would accrue to the owners of such premises, and thereafter give notice of such ascertainment to…

1Opinion of the Court

Burks, J.,

(after-making the foregoing statement) delivered the opinion of the court.

There was a demurrer to the bill and several grounds of demurrer were assigned, but only two of them are relied on in this court, to-wit: Multifariousness, and that the plaintiff has a full,, adequate and complete remedy at law.

It is insisted that the bill is multifarious because the complainant seeks to redress a wrong done to him as an individual and also an injury to him as a citizen of the town of Appalachia, and that the two cannot be united in one bill. *673An inspection of the bill will show that, as to the…

2Cases cited10 opinions

  1. Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
  2. Dey v. MartinSupreme Court of Virginia · 1883
  3. Jordan v. LigganSupreme Court of Virginia · 1898
  4. County School Board v. A. J. Farish's Adm'rSupreme Court of Virginia · 1895
  5. Louisville & Nashville Railroad v. TaylorSupreme Court of Virginia · 1896

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Phillips v. WellsCourt of Appeals of Virginia · 1926
  2. City of Staunton v. CashSupreme Court of Virginia · 1980
  3. Smith v. LedsomeWest Virginia Supreme Court · 1924
  4. Eckard v. CommonwealthSupreme Court of Virginia · 2024
  5. Smith v. Tinker Creek Corp.Botetourt County Circuit Court · 1976

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