Chesapeake & Ohio R. Co. v. Miller
West Virginia Supreme Court
Appeal from a decree of the circuit court of the county of Ohio, rendered on the 6th day of June, 1881, in a cause in said court then pending, wherein the Chesapeake & Ohio Railway Company was plaintiff, and Joseph S. Miller, Auditor of the State of West Virginia, was defendant, allowed upon the petition of said Miller. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of the county of Ohio, rendered on the 6th day of June, 1881, in a cause in said court then pending, wherein the Chesapeake & Ohio Railway Company was plaintiff, and Joseph S. Miller, Auditor of the State of West Virginia, was defendant, allowed upon the petition of said Miller. Hon. Thayer Melvin, judge of the first judicial circuit, rendered the decree appealed from. Johnson, President, furnishes the following statement of the case : The plaintiff in February, 1880, filed its bill of injunction in the circuit court of Ohio county, “to restrain…
1Opinion of the Court
JOHNSON, PRESIDENT,
announced the opinión of the court:
It is here argued, that the court did not have jurisdiction of this cause. A court of equity has jurisdiction to enjoin the collection of an illegal tax, where such injunction will prevent a multiplicity of suits. (Douglass v. Town of Harrisville, 9 W. Va. 162; Corothers v. Board of Education, 16 W. Va. 541). Although the State of West Virginia cannot be sued, yet an injunction will lie against the auditor of the State to restrain him from the performance of a mere ministerial duty. The right to sue a State-officer, when the State cannot…
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