Legal Opinion

Osburn v. Staley

West Virginia Supreme Court

Decided July 15, 1871PublishedCited by 53 opinions

John D. Staley, David Billmyer, William Rightstine and others, citizens, taxpayers and residents of Jefferson county, filed a bill of injunction in the circuit court of that county, at April rules, 1871, against Logan Osburn, James PI. Moore, John E. Cockerell, David Howell, senior, and John J. Lock. The bill alleged that the county seat of that county was legally located at Shepherdstown, by act of the legislature.

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John D. Staley, David Billmyer, William Rightstine and others, citizens, taxpayers and residents of Jefferson county, filed a bill of injunction in the circuit court of that county, at April rules, 1871, against Logan Osburn, James PI. Moore, John E. Cockerell, David Howell, senior, and John J. Lock. The bill alleged that the county seat of that county was legally located at Shepherdstown, by act of the legislature. That in pursuance of the act, large sums of money had been collected by taxation, and expended in the erection of a court house, jail and other county buildings at that place.…

1Opinion of the CourtMaxwell, J.

By the second section of an act purporting to be passed by the legislature of this State, on the 23d day of February, 1871, entitled, “An act to change the county seat of Jefferson to Charlestown, in said county,” it is provided, “ That the county seat of the said county of Jefferson shall cáese to be at Shepherdstown, in said county, thirty.days *88from and after the passage of this act, and from and after that date be located at Charlestown, in said county.” The third section of the said act provides that Logan Osburn, James H. Moore, John E. Cockerell, David Howell, Sr., and John J. Lock be…

2Cases cited3 opinions

  1. Lusher v. ScitesWest Virginia Supreme Court · 1870
  2. Hoffman v. ShieldsWest Virginia Supreme Court · 1870
  3. Northrop v. WrightNew York Supreme Court · 1840

3Cited by53 opinions

  1. Farley v. GraneyWest Virginia Supreme Court · 1960
  2. State Road Commission v. County Court of Kanawha CountyWest Virginia Supreme Court · 1932
  3. Amos v. MosleySupreme Court of Florida · 1917
  4. Zemprelli v. DanielsSupreme Court of Pennsylvania · 1981
  5. State v. WorkmanWest Virginia Supreme Court · 1891

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