Legal Opinion

Probasco v. Town of Moundsville

West Virginia Supreme Court

Decided November 1, 1877PublishedCited by 11 opinions

Supersedeas to a judgment of the circuit court of Marshall county, rendered on the 4th day of November 1876, allowed upon the petition of John 'W. Probasco and others, who had obtained a writ of supersedeas to a levy for taxes upon their property in the town of Mounds-ville, and which writ was, by said judgment, quashed, with costs against the petitioners. Pión. T. Melvin, Judge of the first judicial circuit, rendered the judgment below.

Read the full summary

Supersedeas to a judgment of the circuit court of Marshall county, rendered on the 4th day of November 1876, allowed upon the petition of John 'W. Probasco and others, who had obtained a writ of supersedeas to a levy for taxes upon their property in the town of Mounds-ville, and which writ was, by said judgment, quashed, with costs against the petitioners. Pión. T. Melvin, Judge of the first judicial circuit, rendered the judgment below. The facts sufficiently appear in the opinion of the Court. referred to the following authorities: Cons. W. Ya. 1863, art. 8 §1; Cons. W. Ya. 1872, art. 10…

1Opinion of the CourtMoore, Judge

By virtue of the 77th chapter, Acts 1875, Probasco and others filed their petition, praying the circuit court of Marshall county to supercede a levy for certain taxes *504made by the common council of the town oí Mounds- ' ville August 21, 1876 on certain property of said petitioners, located within the corporate limits of said town. On the 29th day of August 1876 the judge of said circuit court awarded a supersedeas as prayed for, so far as the levy complained of affects land mentioned and described in section 6 of the act, passed by the Legislature of West Virginia on February 26, 1866,…

2Cases cited2 opinions

  1. Rector, &C., of Christ Church, Phila. v. Cty. of Phila.Supreme Court of the United States · 1861
  2. East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869

3Cited by11 opinions

  1. Shephard v. WheelingWest Virginia Supreme Court · 1887
  2. In Re: Hillcrest Memorial GardensWest Virginia Supreme Court · 1961
  3. South Morgantown v. MorgantownWest Virginia Supreme Court · 1901
  4. Cavender v. City of CharlestonWest Virginia Supreme Court · 1907
  5. Hornbrook v. Town of Elm GroveWest Virginia Supreme Court · 1895

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API