City of Richmond v. Supervisors of Henrico County
Supreme Court of Virginia
Appeal from decree of circuit court of city of Eichmond, entered February 26th, 1887, in an injunction suit wherein the board of supervisors of Henrico county was plaintiff, and the city of Eichmond was defendant. The decree perpetuated the injunction restraining the defendant from using the “ Morris farm ” for the purpose for which it had been purchased, to-wit: for a small-pox hospital, and the defendant obtained an appeal to this court. ■Opinion states the case.
1Opinion of the CourtFauntleroy, J.
The certified copy of the record of the said suit presents-the pleadings and facts of the case. In December, 1885, there was a statute of Virginia (Code 1873, ch. 84, § 6) in the following words: “ The council of any town, or the-court of any county, may establish in such county, or in or near such town, hospitals, which shall be subject to regulations not contrary to law, made by such council or court.” This statute had been in force from 1831.
*206In pursuance of the power granted by that statute, the board of aldermen of the city of Richmond, on the fourteenth day of December, 1885, enacted: “…
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