Legal Opinion

State v. Davis

West Virginia Supreme Court

Decided May 5, 1914Published

Error to Circuit Court, Fayette County. Mandamus by the State, on the relation of the White Oah Fuel Company against T. J. Davis, Sheriff, etc. Judgment for relator, and defendant brings error.

1Opinion

ON PETITION POR BE-PIBARING.

POFEENBARGER, JüDGE :

The argument against the decision in this case proceeds upon several fallacious propositions, among which are the following:(1) Legislative intent and purpose to deprive persons rendering services to counties and other municipal divisions and furnishing them materials, of any compensation therefor, or at least any remedy by which to obtain it, in all those instances in which, by some accident or oversight or misconduct of an officer, there has been a failure to make provision for immediate payment thereof; a thing so unnecessary and so far at…

2Cases cited15 opinions

  1. Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
  2. Honaker v. Board of EducationWest Virginia Supreme Court · 1896
  3. Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
  4. Forqueran v. DonnallyWest Virginia Supreme Court · 1874
  5. Reeves v. RossWest Virginia Supreme Court · 1907

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