Legal Opinion

Hawkins v. Bare

West Virginia Supreme Court

Decided January 28, 1908PublishedCited by 20 opinions

Error to Circuit Court, Fayette County. Application of E. B. Hawkins for writ of mandamus against B. E. Bare, assessor of the First district, and for writ of mandamus against S. T. Carter, assessor of the Second district. From judgments granting the writs, defendants bring error.

1Opinion of the Court

POFFENBARGER, PRESIDENT:

On the 23rd day of September, 1907, the circuit court of Fayette county rendered judgments,' awarding peremptory writs of mandamus, against S. T. Carter and B. E. Bare, assessors of said county, upon the application of E. B. Hawkins,' the sheriff thereof, requiring them to pay to him the capitation taxes collected by them, respectively, in their districts, prior to the 22nd day of May, 1907, less the commission allowed them thereon. The facts stated in the alternative writs were not controverted and the defendants, relying solely upon the law applicable to the facts,…

2Cases cited7 opinions

  1. United States v. ClaflinSupreme Court of the United States · 1878
  2. State v. HardenWest Virginia Supreme Court · 1907
  3. State v. MinesWest Virginia Supreme Court · 1893
  4. District of Columbia v. HuttonSupreme Court of the United States · 1892
  5. Eckloff v. District of ColumbiaSupreme Court of the United States · 1890

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3Cited by20 opinions

  1. UMWA Ex Rel. Trumka v. KingdonWest Virginia Supreme Court · 1984
  2. State v. JaastadArizona Supreme Court · 1934
  3. In Re JamesSupreme Court of Vermont · 1926
  4. Delardas v. Morgantown Water CommissionWest Virginia Supreme Court · 1964
  5. School Board of Harrisonburg v. AlexanderSupreme Court of Virginia · 1919

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