State ex rel. Old National Bank of Martinsburg v. City of Philippi
West Virginia Supreme Court
Original mandamus by the State, on the relation of the Old National Bank of Martinsburg, against the City of Philippi and others.
1Opinion of the Court
Poffenbarger, Judge:
The return to this alternative writ of mandamus awarded against the corporate authorities of the City of Philippi, requiring them to lay a levy sufficient to provide funds to pay a judgment for $3,228.16 and $62.45 costs, recovered against it by Herbert C. Brooks and now held by The Old National Bank of Martinsburg, or show cause why they shall not be compelled to do so, is wholly insufficient.
The judgment is for money due Brooks for work done for the city, under a paving contract, and for payment of which ample funds had been legally provided, at the date of the *438contract.…
2Cases cited6 opinions
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- State v. DavisWest Virginia Supreme Court · 1914
- Armstrong v. Taylor County CourtWest Virginia Supreme Court · 1896
- Camden Clay Co. v. Town of New MartinsvilleWest Virginia Supreme Court · 1910
- Taylor v. County Court of Braxton CountyWest Virginia Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pocahontas Coal & Coke Co. v. CookCourt of Appeals for the Fourth Circuit · 1935
- State Ex Rel. Collingsworth v. Board of EducationWest Virginia Supreme Court · 1928
- Lusk v. City of WilliamsonWest Virginia Supreme Court · 1922