Board of Supervisors v. Catlett's Ex'ors
Supreme Court of Virginia
Heai’d at Biclimond. Decided at Wytheville. Error to judgment of circuit court of Gloucester county affirming a judgment of the county court of said county awarding, on an application by the executors of John W. C. Catlett, a writ of mandamus to compel the board of supervisors of said county to pay a claim of their testator against said county.
Read the full summary
Heai’d at Biclimond. Decided at Wytheville. Error to judgment of circuit court of Gloucester county affirming a judgment of the county court of said county awarding, on an application by the executors of John W. C. Catlett, a writ of mandamus to compel the board of supervisors of said county to pay a claim of their testator against said county. On the 6th of January, 1863, an order was entered by the county court of Gloucester county, appointing John W. C. Catlett an agent for the said county to receive from the agents of the state the salt to which the county was entitled under the act of…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered the opinion of the court.
The defendants in error have moved to dismiss the writ of error as improvidently awarded, because, they say, the amount involved is less than $500, and therefore that the case is not within the jurisdiction of this court. It is true the amount involved is less than $500, but inasmuch as there is drawn in question a franchise—i. e., the right of the board, as the representatives of the county, t'o levy a tax to pay the claim in question—the court has jurisdiction of the case, and of the -whole *162case. Const., Art. VI., sec. 2;…
2Cases cited10 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
- Commissioners of Leavenworth County v. KellerSupreme Court of Kansas · 1870
- Shirk v. Pulaski CountyU.S. Circuit Court for the District of Eastern Arkansas · 1877
- Gurnee v. BrunswickU.S. Circuit Court for the District of Eastern Virginia · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896
- Supervisors of Cumberland County v. RandolphSupreme Court of Virginia · 1893
- Theis v. Board of County Com'rs of Beaver CountySupreme Court of Oklahoma · 1908
- Fidelity & Deposit Co. of Maryland v. GillSupreme Court of Virginia · 1914
- Luck Construction Co. v. County of RussellSupreme Court of Virginia · 1913
4 more not listed; retrieve them via the Exa API.