Legal Opinion

Stewart v. County Court of Monongalia County

West Virginia Supreme Court

Decided September 22, 1925No. 5440PublishedCited by 3 opinions

1Opinion of the Court

Lively, President:

A demurrer to the amended declaration was sustained, and plaintiffs not desiring to further amend, judgment of nil capiat was awarded and the case dismissed. This writ followed.

The declaration is based on an award of arbitrators for the sum of $3,400., being the amount of damages to the lands of the plaintiffs caused by the construction of a road known as the Morgantown and Fairmont Pike, through their lands. An injunction had been granted plaintiff Mattie E. Stewart in a chancery cause pending against the County Court of Monongalia County and the State Road Commission,…

2Cases cited18 opinions

  1. City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
  2. Green v. MillerNew York Supreme Court · 1810
  3. Crocker v. CraneNew York Supreme Court · 1839
  4. Hobson v. Heirs of McArthurSupreme Court of the United States · 1842
  5. Gas Co. v. WheelingWest Virginia Supreme Court · 1875

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3Cited by3 opinions

  1. Clinton Water Ass'n v. Farmers Construction Co.West Virginia Supreme Court · 1979
  2. Hurst v. JacksonCourt of Appeals of Georgia · 1975
  3. O. J. Morrison Stores Co. v. DuncanWest Virginia Supreme Court · 1931

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