Legal Opinion · Concurrence

County Court v. Brammer

West Virginia Supreme Court

Decided October 13, 1910Published

Application by the County Court of Pleasants County for a writ of mandamus against Ira E. Brammer, Assessor.

1Concurrence

Williams, Judge,

(concurring) :

I concur in the conclusion that it was proper to grant the peremptory writ, because the relator has shown a clear legal right to it, and for no other reason. A majority of us are of the opinion that the statute gives the county court the right to lay a special bridge levy in 1910, notwithstanding it did not lay such levy in either the year 1908, or 1909. This is sufficient reason for issuing the writ. But the opinion decides other questions which I do not think we are called upon to decide, and to the correctness' of which I can not assent. These questions are of…

2Cases cited12 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
  3. State ex rel. Matheny v. County Court of Wyoming CountyWest Virginia Supreme Court · 1900
  4. State ex rel. Miller v. BuchananWest Virginia Supreme Court · 1884
  5. Board of Supervisors v. Supervisor of MentorMichigan Supreme Court · 1892

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