Clay v. City of St. Albans
West Virginia Supreme Court
Error to Circuit, Court, Kanawha County. Action by M. C. Clay and wife against the city of St. Albans. From a judgment for plaintiff's, defendant brings error.
1Opinion of the Court
Brannon, Judge:
This was an action of trespass on the case by M. 0. Clay and Amanda Clay, his wife, against the city of St. Albans, to recover damages for injury caused by the flow of surface water upon a lot occupied by them, resulting in judgment against the city, which sued out this writ of error.
The declaration is attacked on demurrer because it fails to plead the title of the plaintiffs, — not showing whether they claim in fee, or for life or years, in present or future estate. It, is plain that a declaration must have legal certainty in all material elements. It must tell wherein and how…
2Cases cited14 opinions
- Weis v. City of MadisonIndiana Supreme Court · 1881
- Jordan v. City of BenwoodWest Virginia Supreme Court · 1896
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
- Wilson v. Phoenix Powder Manf'g Co.West Virginia Supreme Court · 1895
- Nims v. . Mayor, Etc., of the City of TroyNew York Court of Appeals · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wood v. City of TacomaWashington Supreme Court · 1911
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Normile v. Wheeling Traction Co.West Virginia Supreme Court · 1905
- Neal v. Ohio River R.West Virginia Supreme Court · 1899
- Kunst v. City of GraftonWest Virginia Supreme Court · 1910
20 more not listed; retrieve them via the Exa API.