Legal Opinion

State ex rel. Wayne County Court v. Herrald

West Virginia Supreme Court

Decided September 17, 1892PublishedCited by 22 opinions

cited the following authorities: 1. — The duty of the commissioner to assess the lots as such. — ■ Const. Art. X., s. 1; 19 W. Ya. 408; Acts 1891, p. 61. 2. — Can the Commissioner to assess land be compelled by mandamus to value it as directed by statute?- — -54 111. 39; 2 Dill. Mun. Corp. § 832; 24 W. Ya. 385; 12 Pet. 526; 2 Mon. 243;,High Ex. Leg.

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cited the following authorities: 1. — The duty of the commissioner to assess the lots as such. — ■ Const. Art. X., s. 1; 19 W. Ya. 408; Acts 1891, p. 61. 2. — Can the Commissioner to assess land be compelled by mandamus to value it as directed by statute?- — -54 111. 39; 2 Dill. Mun. Corp. § 832; 24 W. Ya. 385; 12 Pet. 526; 2 Mon. 243;,High Ex. Leg. Rem. 130; 1 Johns. 549; 6 B. & C. 181; 15 Gratt. 459; 25 Gratt. 817; 14 East 395 ; 8 Lea 594; 54 Cal. 353; 40 Md. 273; 19 Ohio 178; 31 Me. 285; 5 Pick. 329. 8. — Can the County Court sue out the writ as relator ? — Const. Art. Yin, s. 24; 25 Me.…

1Opinion of the Court

ENfiLiSH, Judge:

This was a proceeding by way of mandamos in the name of the State of West Virginia at the relation of the County Court of Wayne county, instituted in the Circuit Court of Wayne county, to compel one Stephen Herrald, who had been appointed by the Board of Public Works of said State, to reassess for taxation all the land in the first assessment district of said county to reassess a portion of a tract of land containing three hundred and eight acres, more or less, owned by E. II. Prichard, trustee, and lying between the west line of Cabell county and Twelve Pole creek, in Wayne…

2Cases cited1 opinion

  1. State ex rel. Sigler v. Board of CommissionersIndiana Supreme Court · 1883

3Cited by22 opinions

  1. Allen v. State of West Virginia Human Rights CommissionWest Virginia Supreme Court · 1984
  2. Daniel v. SimmsWest Virginia Supreme Court · 1901
  3. State Ex Rel. County Court of Marion County v. DemusWest Virginia Supreme Court · 1964
  4. Pierce v. GreenSupreme Court of Iowa · 1940
  5. Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896

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