Moore v. Supervisors of Wetzel County
West Virginia Supreme Court
Writ of error and supersedeas to a judgment of the circuit court of the county of Wetzel, rendered on the 10th day of April, 1875, in an action in said court then pending, wherein Wilford Moore was plaintiff and The Board of Supervisors of Wetzel county were defendants, allowed upon the petition of aaid Moore. Hon. 0. S. Lewis, judge of the second judicial circuit, rendered the judgment complained of.
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Writ of error and supersedeas to a judgment of the circuit court of the county of Wetzel, rendered on the 10th day of April, 1875, in an action in said court then pending, wherein Wilford Moore was plaintiff and The Board of Supervisors of Wetzel county were defendants, allowed upon the petition of aaid Moore. Hon. 0. S. Lewis, judge of the second judicial circuit, rendered the judgment complained of. GREEN, JUDGE, furnishes the following statement of the ease: Wilford Moore, assignee of David Lancaster, in J~anuary, 1872, brought his action of assumpsit against the Supervisors of Wetzel…
1Judgment of the CourtGreeN, Judge
The merits of the controversy in this case are involved in the question, whether the ordinances of the supervisors of Wetzel county promised to pay to each volunteer in the United States army, who should be credited to the quota required of that county, the sum of $350.00. This question resolves itself into two distinct and independent enquiries, first, whether such promise can be deduced from a fair construction of the language of these ordinances, and secondly, had the supervisors of the county legal authority to make such promise.% This authority is claimed for them under the act of the…
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