Roanoke City v. Beekowitz
Supreme Court of Virginia
Error to judgment of hustings court of city of Roanoke, ren-tered July 9th, 1884, in certain proceedings therein had for the ~ondemnation of certain land for municipal purposes, wherein aid city was plaintiff, and W. F. Berkowitz was defendant. The record shows that during the summer of 1883, said city, then the town of Roanoke, by its council, undertook, for sanitary effects, to drain a portion of its area, and to straighten the course of a small stream.
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Error to judgment of hustings court of city of Roanoke, ren-tered July 9th, 1884, in certain proceedings therein had for the ~ondemnation of certain land for municipal purposes, wherein aid city was plaintiff, and W. F. Berkowitz was defendant. The record shows that during the summer of 1883, said city, then the town of Roanoke, by its council, undertook, for sanitary effects, to drain a portion of its area, and to straighten the course of a small stream. The town having become incorporated as the city of Roanoke, with a hustings court, at the -Tune term, 1884, of said court, commissioners…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The first assignment of error, which relates to the refusal of the hustings court to quash the commissioners’ report on the alleged ground that Markley, one of the commissioners, -was interested, and therefore disqualified to act as such commissioner, is not well taken. In the first place, the record shows he was appointed at the instance of the city itself; and it does not appear that if in point of fact he was interested as alleged, the fact was not known to the city at the time of his appointment. *618And if known, then upon well settled principles,…
2Cases cited6 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Kohl v. United StatesSupreme Court of the United States · 1876
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Salzman v. His CreditorsSupreme Court of Louisiana · 1842
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- Baltimore & Ohio Railroad v. Bonafield's HeirsWest Virginia Supreme Court · 1916
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- Folk v. City of St. LouisSupreme Court of Missouri · 1913
- City of Seattle v. FaussettWashington Supreme Court · 1923
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