Ohio Valley Iron Works v. Town of Moundsville
West Virginia Supreme Court
On the 4fch day of November, 1876, the circuit court of the county of Marshall, overruled a demurrer, filed by The Ohio Valley Iron Works, to a return made by The Town of Moundsville, to a mandamus nisi, issued upon the petition of The Ohio Valley Iron Works, and rendered a judgment dismissing said mandamus nisi. This is an appeal from and supersedes to said judgment, granted upon the petition of The Ohio Valley Iron Works.
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On the 4fch day of November, 1876, the circuit court of the county of Marshall, overruled a demurrer, filed by The Ohio Valley Iron Works, to a return made by The Town of Moundsville, to a mandamus nisi, issued upon the petition of The Ohio Valley Iron Works, and rendered a judgment dismissing said mandamus nisi. This is an appeal from and supersedes to said judgment, granted upon the petition of The Ohio Valley Iron Works. Hon. Thayer Melvin, Judge of the first judicial circuit, rendered the judgment complained of. Moore, Judge, who delivered the opinion of the Court furnishes the following…
1Opinion of the CourtMoore, Judge
The main question tor our consideration is the legality of the issuance of these bonds.
The act under which they purport to have been issued was intended to put in operation the eighth section of article 10 of the Constitution of 1872; which said section was construed by this Court in List v. Wheeling, 7 West Va. 503, in which it was held that said section, “is not addressed alone to the Legislature, but is addressed to the several counties, cities, etc., and all other departments and persons in the State, and took effect and became binding and operative, so far as it is prohibitory and…
2Cited by7 opinions
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- DeVoss v. City of RichmondSupreme Court of Virginia · 1868
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