Boughner v. Town of Clarksburg
West Virginia Supreme Court
Appeal from and supersedeas to a decree of. the circuit court of the county of Harrison, rendered on the 22d day of January, 1876, in a cause in said court then pending, wherein Daniel Boughner was plaintiff, and The Trustees and Commonalty of the Town of Clarksburg and others were defendants, granted upon the petition of said Boughner. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the judgment appealed from.
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Appeal from and supersedeas to a decree of. the circuit court of the county of Harrison, rendered on the 22d day of January, 1876, in a cause in said court then pending, wherein Daniel Boughner was plaintiff, and The Trustees and Commonalty of the Town of Clarksburg and others were defendants, granted upon the petition of said Boughner. Hon. C. S. Lewis, late judge of the second judicial circuit, rendered the judgment appealed from. Moore, Judge, furnishes the following statement of the case : This cause is presented upon an appeal from and su-persedeasto a decretal order, made in vacation,…
1Opinion of the CourtMoore, Judge
The first question presented in this case is : Had the court jurisdiction to restrain the Town of Clarksburg by *399injunction from constructing the pavement? The ap-pellees insist that injunction was not the proper remedy but that the plaintiff should seek redress by action at law. The doctrine has been settled in this State, by case of Pierpoint v. The Town of Harrisville, 9 W. Va. 215, that “ an injunction will lie to restrain a town, from opening streetsthrough a person’s land, without first condemning it according to law, when there has been no dedication of such streets to public use.”…
2Cases cited2 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Pierpoint v. Town of HarrisvilleWest Virginia Supreme Court · 1876
3Cited by15 opinions
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
- Foley v. County CourtWest Virginia Supreme Court · 1903
- Ritter v. CouchWest Virginia Supreme Court · 1912
- Miller v. Town of AracomaWest Virginia Supreme Court · 1888
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