Wells v. Town of Mason
West Virginia Supreme Court
Geeen, Judge, furnishes the following statement of the case: Wm. P. Wells on the 9th flay of October, 1878, filed his petition addressed to the Hon. Joseph Smith, judge of the circuit court of Mason county, stating that the town of Mason in said county in the State of West Virginia was prior to May 11, 1870, and ever since has been and is a corporation of said State; that on June 4, 1877, he obtained a judgment in the county court of Mason against said town for fifty-nine…
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Geeen, Judge, furnishes the following statement of the case: Wm. P. Wells on the 9th flay of October, 1878, filed his petition addressed to the Hon. Joseph Smith, judge of the circuit court of Mason county, stating that the town of Mason in said county in the State of West Virginia was prior to May 11, 1870, and ever since has been and is a corporation of said State; that on June 4, 1877, he obtained a judgment in the county court of Mason against said town for fifty-nine dollars and ninety-eight cents with interest from May 30, 1877, till paid and one hundred and twelve dollars and…
1Opinion of the Court
Geeen, Judge:
In the case of Fisher v. The City of Charleston, 17 W. Va. p. 615, this Court says: “There can be no question but that, when a judgment has been obtained against a municipal corporation and an execution has been issued thereon, and it has been returned ‘no property found,’ the creditor has a right to enforce the payment of his judgment by a mandamus issued against the proper municipal authorities compelling them to make a sufficient levy to pay his debt. See Coy v. The City Council of Lyons City, 17 Iowa 1; The City of Olney v. Harvey et al., 50 Ill. 455; Frank v. The City and…
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- State ex rel. Smith v. HallWest Virginia Supreme Court · 1923
- Thomas v. Town of MasonWest Virginia Supreme Court · 1894
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