Legal Opinion

Ex parte Bouldin

Supreme Court of Virginia

Decided June 15, 1836Published

Louis C. Bouldin presented a petition to the court, verified by his affidavit, shewing that, at November term 1831 of the circuit superiour court of law and chancery of Petersburg, he was duly appointed attorney for the commonwealth in that court, took the oaths of office, and entered upon the discharge of its duties; that he had ever since continued faithfully to discharge the duties of the office, until the 20th June 1836, when the court, without any notice to him, or any…

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Louis C. Bouldin presented a petition to the court, verified by his affidavit, shewing that, at November term 1831 of the circuit superiour court of law and chancery of Petersburg, he was duly appointed attorney for the commonwealth in that court, took the oaths of office, and entered upon the discharge of its duties; that he had ever since continued faithfully to discharge the duties of the office, until the 20th June 1836, when the court, without any notice to him, or any legal proceedings against him, or any judgment or order for his amotion from office, made an order appointing “ A. B.…

1Opinion of the CourtParker, J.

The court has considered, with all the attention due to the subject, the motion made on a former day of the term, for a rule to shew cause why a mandamus should not be directed to the judge of the circuit superiour court of law and chancery of Petersburg, to restore Louis C. Bouldin to the office of attorney for the commonwealth in that court, from which he was lately removed. We are fully sensible of the peculiar delicacy of the question submitted, involving, as it does, the extent of our own authority under the law conferring the power of appointment, and that we incur some responsibility…

2Cases cited2 opinions

  1. Cathcart v. RobinsonSupreme Court of the United States · 1831
  2. Commonwealth ex rel. Reynolds v. BussierSupreme Court of Pennsylvania · 1820

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