Smith v. Treadwell

RAWLS, Judge.

Appellees Treadwell and others instituted in chancery a class suit on behalf of the citizens, electors and freeholders of the Town of Oak Hill seeking reactivation of the town government. From a summary final decree in favor of the plaintiffs, appeal was taken by E. A. Smith whom the chancellor had permitted to intervene on behalf of the defendant Town.

The pertinent facts are not in dispute. The Town of Oak Hill was created by the legislature in 1925, and although the charter has never been nullified or abolished by the legislature, the Town government ceased to function in 1930.…