40 W. Va. 222 | W. Va. | 1895
The Circuit Court of Cabell county, on petition of J. S. Farr and others, by order entered on the 31st day of July, _■ P93, directed a certificate of incorporation to be issued of a pat i of C uyandotte district as a town by the name of Central City, from which order B. D. Elder and others obtained this' writ of error.
In 1872, the organization of many parts of the state into municipal corporations, for the purpose of local self-govern
This statute itself erects the local body of citizens into a municipal corporation upon their bringing themselves within its provisions and upon complying with its terms, all of which are specific and fixed therein (see Thomp. Corp. § 110 et seq.); and whether the facts thus required exist in the par
This Court has already held the statute in question to be constitutional (see In re town of Union Mines, 39 W. Va. 179 (19 S. E. Rep. 398); and, no other objection being made or discussed, the judgment complained of, ought to be affirmed, as a constitutional question is involved; but the majority of the court being of opinion that the matter is only administrative, and that this Court has no jurisdiction in a matter merely quasi judicial, the writ of error must be1 dismissed as improvidently awarded.