West Virginia Supreme Court February 11, 1911 (Whetsell v. City of Elkins)

POEEEJSTBAJRGER, JUDGE :

B. E. Whetsell and J. D. Marstiller, appellants, seek by their bill to enjoin collection of special assessment upon their property and that of all others similarly situated, made by the City of Elkins for street paving, on the theory of lack of power in the city to pave its streets and charge two-thirds of the cost thereof to the abutting property owners.