Virginia v. West Virginia
Supreme Court of the United States
PETITION FOE WRIT OF MANDAMUS. On January 29, 1917, Virginia submitted her motion for leave to file a petition for a writ of mandamus, and for an order directed to the State of West Virginia and the members of her legislature requiring them to show cause why the writ should not issue, commanding the levy of a tax to satisfy the judgment heretofore recovered by Virginia.- The motion was granted February 5, 1917, and the rule issued returnable March 6th following.
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PETITION FOE WRIT OF MANDAMUS. On January 29, 1917, Virginia submitted her motion for leave to file a petition for a writ of mandamus, and for an order directed to the State of West Virginia and the members of her legislature requiring them to show cause why the writ should not issue, commanding the levy of a tax to satisfy the judgment heretofore recovered by Virginia.- The motion was granted February 5, 1917, and the rule issued returnable March 6th following. The present decision arose upon the respondents’ motion to discharge the rule, submitted on the latter date.1
1Opinion of the CourtChief Justice White
A rule allowed at the instance of Virginia against West Virginia to show cause why, in default of payment of the judgment of this court in favor of the former State against the latter, an order should not be entered directing the levy of a tax by the legislature of West Virginia to pay such judgment, and a motion by West Virginia to dismiss the rule is the matter before us.
In the suit in which the judgment was rendered, Virginia, invoking the original jurisdiction of this court, sought the enforcement of a contract by which it was averred West Virginia was bound. The judgment which resulted…
2Cases cited73 opinions
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