Davenport & Morris v. Richmond City
Supreme Court of Virginia
Error to judgment of hustings court of city of Eichmond rendered November 28, 1883, upon appeals from judgments of police court of said city rendered against Davenport & Morris and H. M. Wortham, -severally, at the suit of the city of Eichmond, and in affirmance of the judgments of the police court. These appeals were heard together by consent.
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Error to judgment of hustings court of city of Eichmond rendered November 28, 1883, upon appeals from judgments of police court of said city rendered against Davenport & Morris and H. M. Wortham, -severally, at the suit of the city of Eichmond, and in affirmance of the judgments of the police court. These appeals were heard together by consent. By deed of May 25,1866, the council of said city for value, conveyed to parties under whom H. M. Wortham claims, with general warranty, a lot of land near the outskirts of the city, “to be used by them as a powder magazine, subject to such regulations…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
It is contended that the ordinance complained of is unconstitutional and void—first, because it impairs vested rights of the defendants under a previous valid contract with the city council; and second, because it takes the property of the defendant without compensation.
*638Upon the principles recognized by this court in R. F. & P. R. R. Co. v. City of Richmond, 26 Gratt. 83, we are of opinion that this position is not well taken. In other words, that the withdrawal of the privilege previously granted to the defendants—to erect and maintain a powder…
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