Board of Supervisors v. Coons
Court of Appeals of Virginia
Original application for mandamus. STATEMENT OF THE CASE AND FACTS. The plaintiffs in these causes invoke the exercise by this court of its original jurisdiction to award writs of mandamus. Omitting reference to certain matters which have been eliminated from controversy since these causes were instituted, the following statement will sufficiently set forth the relief now being sought herein.
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Original application for mandamus. STATEMENT OF THE CASE AND FACTS. The plaintiffs in these causes invoke the exercise by this court of its original jurisdiction to award writs of mandamus. Omitting reference to certain matters which have been eliminated from controversy since these causes were instituted, the following statement will sufficiently set forth the relief now being sought herein. The first above entitled cause (hereinafter referred to as cause No. 1) seeks such writ to compel the defendant therein, the clerk of Culpeper county (hereinafter referred to as clerk), to general index…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court.
In our view of these causes the following decisive questions arise therein, which we will consider and pass upon in their order as stated below.
1. Has the board of supervisors of a county any discretion to refuse to act in fixing the compensation and other allowances of a county clerk allowed by law at something, within the limits prescribed by statute; or if it acts, *796to impose a condition or conditions upon the payment of such compensation, on the ground that the clerk has not performed, or is not…
2Cases cited4 opinions
- Blair v. MaryeSupreme Court of Virginia · 1885
- Price v. SmithSupreme Court of Virginia · 1896
- City of Lynchburg v. County of AmherstSupreme Court of Virginia · 1913
- Richmond City v. EppsSupreme Court of Virginia · 1900
3Cited by1 opinion
- Hilton v. AmburgeySupreme Court of Virginia · 1957