Franklin v. Peers
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Appomattox county, rendered June 14,1895, on an application for a mandamus to compel the clerk of the Board of Election Commissioners to deliver to him the certificate of election to the office of Attorney for the Commonwealth for said county, in which application the plaintiff in error was the plaintiff, and the defendant in error was the defendant. On a motion to dismiss.
1Opinion of the CourtRiely, J.
A motion was made by the defendant in error to dismiss the writ of error awarded in this case.
*603The ground of the motion was that, after the judgment appealed from was rendered and before the writ of error was. applied for, the controversy between the plaintiff in error and his opponent, as to the 'title to the office of Attorney for the Commonwealth for Appomattox county was determined on its merits by the County Court of the said county, in a proceeding instituted to that end in the manner provided by law for contesting the election of county officers, and that the question presented by the…
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