Legal Opinion

Martin's Executors v. Commonwealth

Supreme Court of Virginia

Decided January 22, 1920PublishedCited by 57 opinions

Error to a judgment of the Circuit Court of city of Richmond, in a proceeding by motion for a judgment for money. Judgment for the Commonwealth. Defendants assign error.

1Opinion of the Court

Kelly, P.,

delivered the opinion of the court.

This is a proceeding by motion in the name of the Commonwealth to recover excess compensation collected by Alvah Martin, clerk of the Circuit Court of Norfolk county, over and above the maximum amount allowed by an act of the General Assembly, approved March 27, 1914, commonly known as the “West fee bill” (Acts 1914, p. 707). After the motion was instituted Alvah Martin died, and the case was revived against his executors. The only defense offered was that the act violated sections 51 and 63 of the Virginia Constitution, and was, therefore, null…

2Cases cited13 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. Budd v. HancockSupreme Court of New Jersey · 1901
  3. Ex parte SettleSupreme Court of Virginia · 1913
  4. Ferguson v. . RossNew York Court of Appeals · 1891
  5. Kraus v. LehmanIndiana Supreme Court · 1908

8 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Etheridge v. Medical Center HospitalsSupreme Court of Virginia · 1989
  2. Robertson v. CommonwealthSupreme Court of Virginia · 1943
  3. Pulliam v. Coastal Emergency Services of Richmond, Inc.Supreme Court of Virginia · 1999
  4. State Ex Rel. Heck's, Inc. v. GatesWest Virginia Supreme Court · 1965
  5. Shelton & Luck v. SydnorSupreme Court of Virginia · 1920

52 more not listed; retrieve them via the Exa API.

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