Burch v. Hardwicke
Supreme Court of Virginia
This was an action on the case in the circuit court of the city of Lynchburg, brought in July, 1873, by W. W. Hardwicke against George H. Burch. Burch had been for some time, and continued to be, mayo-r of the city, and Hardwicke was chief of police of the city. In May, 1873, Burch, acting under the authority claimed by him as mayor of the city, removed Hardwicke from his office of chief of police.
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This was an action on the case in the circuit court of the city of Lynchburg, brought in July, 1873, by W. W. Hardwicke against George H. Burch. Burch had been for some time, and continued to be, mayo-r of the city, and Hardwicke was chief of police of the city. In May, 1873, Burch, acting under the authority claimed by him as mayor of the city, removed Hardwicke from his office of chief of police. The complaint in the declaration was, that Burch had, from malice and without any probable cause, removed the plaintiff from his office. The defendant demurred to the declaration, and filed the…
1Opinion of the CourtStaples, J.
The question presented by the demurrer to the declaration may be more satisfactorily disposed of in passing upon the instructions and the motion for a new trial. Two of the instructions were given on the motion of the defendant, and of course there is no complaint with respect to them. The third was given by the court in answer to a question propounded by the jury. In order properly to understand the bearing of this instruction, it will be necessary to recur briefly to the facts upon which it was based. It seems that one of the charges preferred by _ the defendant, as mayor, against the…
2Cases cited1 opinion
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
3Cited by33 opinions
- Hoggard v. City of RichmondSupreme Court of Virginia · 1939
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- Smith v. BryanSupreme Court of Virginia · 1902
- State v. HunterSupreme Court of Kansas · 1888
- City of Winchester v. RedmondSupreme Court of Virginia · 1896
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