Kuhn v. Board of Education
West Virginia Supreme Court
This was an application to the circuit court of Brooke ■county, for an order of injunction to restrain the board of education of Wellsburg school district, in said county, from collecting from the plaintiff any moneys assessed and. levied by said board on the property of the plaintiff, for the fund and for the support of schools within that The plaintiff, in his bill of injunction alleged that, he was a resident of Buffalo township, in that county, and the owner of real and…
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This was an application to the circuit court of Brooke ■county, for an order of injunction to restrain the board of education of Wellsburg school district, in said county, from collecting from the plaintiff any moneys assessed and. levied by said board on the property of the plaintiff, for the fund and for the support of schools within that The plaintiff, in his bill of injunction alleged that, he was a resident of Buffalo township, in that county, and the owner of real and personal property therein. That his real estate, consisting of 67 acres of land, was assessed on the assessor’s books of…
1Opinion of the CourtMoore, J.
This case involves two questions. 1st. The jurisdiction of a court of equity to interpose by injunction in such cases. 2d. The constitutionality of the act entitled “an act to establish the school district of Wellsburg, in the county of Brooke,” passed July 11th, 1868, by the legislature of this State. Acts ex. ses., 1868, p. 17. That a court of equity has jurisdiction in such cases, is fully sustained by authority. Bull et al. v. Read et al., 13 Gratt., 87. The answer to the second question is made equally definite by the same authority. We are not, however, sent adrift for authority to…
2Cases cited2 opinions
- Bull v. ReadSupreme Court of Virginia · 1855
- Wade v. City of RichmondSupreme Court of Virginia · 1868
3Cited by26 opinions
- Pauley v. KellyWest Virginia Supreme Court · 1979
- State Ex Rel. Brotherton v. BlankenshipWest Virginia Supreme Court · 1973
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Randolph County Board of Education v. AdamsWest Virginia Supreme Court · 1995
- County Court v. BoremanWest Virginia Supreme Court · 1890
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