Lusher v. Scites
West Virginia Supreme Court
This cause arose in Cabell county. The original bill was filed and injunction obtained in September, 1868; the amended bill was filed in May, 1869. The appellant, Lusher, sought to restrain the collection of taxes assessed against him by the officers of the county of Lincoln. The appellees were tax collectors. The opinion of the President contains a substantial statement of the points at issue.
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This cause arose in Cabell county. The original bill was filed and injunction obtained in September, 1868; the amended bill was filed in May, 1869. The appellant, Lusher, sought to restrain the collection of taxes assessed against him by the officers of the county of Lincoln. The appellees were tax collectors. The opinion of the President contains a substantial statement of the points at issue. Hon. James H. Ferguson, judge of the circuit court of Cabell, on the trial of the cause.
1Opinion of the Court
Brown, President.
So much of the opinion of the circuit court as I approve, I have adopted.
This suit was brought by the plaintiff to restrain the collection of certain county and township taxes assessed and levied upon his real and personal estate, in the township of Sheridan, and county of Lincoln, upon the ground that the act creating the said county, and the subsequent acts amending the same, are unconstitutional and void, and an injunction was obtained and perfected by the plaintiff restraining the collection of these taxes until the further order of the circuit court. The county of…
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