Legal Opinion

State ex rel. Trust Co. v. Melton

West Virginia Supreme Court

Decided May 22, 1907PublishedCited by 16 opinions

Error to Circuit Court, Kanawha County. Applications the state on the relation of the Kanawha Banking & Trust Company, for writ of mandamus to John J. Melton, sheriff, and others. From an order granting a writ, defendant brings error.

1Opinion of the Court

PoffenbargeR, Judge:

J. J. Melton, sheriff of Kanawha county, and the county court of Kanawha county have obtained writs of error to a judgment of the circuit court of said county, awarding, at the instance of the Kanawha Banking and Trust Company, a peremptory writ of mandcmms requiring the said sheriff to *255receive from the relator county orders of said county, amounting to about $2,500.00, in payme'nt of its taxes, for statp, county and district purposes, for the year 1906, about equal in the aggregate thereof to the arqount of the orders tendered.

The return admits possession, by the sheriff,…

2Cases cited2 opinions

  1. Lewis, Hubbard & Co. v. Montgomery Supply Co.West Virginia Supreme Court · 1906
  2. Taylor v. County Court of Braxton CountyWest Virginia Supreme Court · 1905

3Cited by16 opinions

  1. Stowers v. BlackburnWest Virginia Supreme Court · 1955
  2. Eureka Pipe Line Co. v. RiggsWest Virginia Supreme Court · 1914
  3. State v. DavisWest Virginia Supreme Court · 1914
  4. State ex rel. Sprague v. County Court of Greenbrier CountyWest Virginia Supreme Court · 1923
  5. White v. MortonWest Virginia Supreme Court · 1933

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