Supervisors of Doddridge v. Stout
West Virginia Supreme Court
Supersedeas to a j udgment of the circuit court of Dodd-ridge county, rendered on the sixteenth of May, I860,, in a proceeding under chapter forty-two of the code, to condemn land for a public road, in which the supervisors, of Doddridge county were plaintiffs, and William Stone was defendant. The facts appear in the opinion of the Court. Hon. C. J. Stuart, Judge of said circuit court, presided at the trial below.
1Opinion of the Court
Moose, Judge:
This case is before us from a judgment of the circuit court of Doddridge county, rendered the sixteenth day of May, 1873, in a proceeding under chapter forty-two of the code, to condemn land for a public road.
It is assigned as error, that Parks, one of the commissioners, was not a freeholder. The statute requires the commissioners to be freeholders. The often adjudicated principle in such cases is, that he who seeks to exercise the extraordinary power of taking private property for public utility, must follow strictly the mode of procedure prescribed by law.
The record in this…
2Cited by17 opinions
- Johnson v. City of ParkersburgWest Virginia Supreme Court · 1880
- Ex Parte CainSupreme Court of Oklahoma · 1908
- Leser v. LowensteinCourt of Appeals of Maryland · 1916
- Charleston & Southside Bridge Co. v. ComstockWest Virginia Supreme Court · 1892
- King's Lake Drainage & Levee District v. JamisonSupreme Court of Missouri · 1903
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