Legal Opinion

Supervisors of Cumberland County v. Randolph

Supreme Court of Virginia

Decided February 2, 1893PublishedCited by 19 opinions

Error to judgment of the county court of Cumberland county, rendered February 22, 1892, awarding a mandamus compelling the board of supervisors of that county-to levy a tax to pay certain coupons, held by the-petitioner, the defendant in error here, which coupons were detached from certain bonds issued by the county in payment of its subscription to the capital stock of the Farmville and Powhatan Railroad Company.

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Error to judgment of the county court of Cumberland county, rendered February 22, 1892, awarding a mandamus compelling the board of supervisors of that county-to levy a tax to pay certain coupons, held by the-petitioner, the defendant in error here, which coupons were detached from certain bonds issued by the county in payment of its subscription to the capital stock of the Farmville and Powhatan Railroad Company. By an act of assembly, approved February 5, 1886,' the counties of Cumberland and Powhatan were each authorized to subscribe forty thousand dollars of the stock of the company,…

1Opinion of the Court

Lewis, P.,

(after stating the case,) delivered the opinion of the court.

The first point made by the appellants is that, upon the facts stated in the answer, which was not traversed, the writ ought to have been denied. But this is a mistaken view. At common law the return was not traversable, the party being left to his action for a false return. If in such action the return was falsified, a peremptory mandamus Was granted. *619Bac. Abr., tit. “ Mandamus.” The defects of this procedure were, to a certain extent, remedied by the statute, 9 Anne, ch. 20, which statute has not been re-enacted in…

2Cases cited14 opinions

  1. Gelpcke v. DubuqueSupreme Court of the United States · 1864
  2. Cromwell v. County of SacSupreme Court of the United States · 1878
  3. Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
  4. County of Warren v. MarcySupreme Court of the United States · 1878
  5. County Commissioners v. KingSupreme Court of Florida · 1869

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

3Cited by19 opinions

  1. Trucking Corporation v. CommonwealthSupreme Court of Virginia · 1966
  2. Griffin v. Board of SupervisorsSupreme Court of Virginia · 1962
  3. Bell v. Farmville & Powhatan RailroadSupreme Court of Virginia · 1895
  4. DeVoss v. City of RichmondSupreme Court of Virginia · 1868
  5. West v. FergusonSupreme Court of Virginia · 1861

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

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