Ex Parte Virginia
Supreme Court of the United States
This was a petition on the part of the State of Virginia for a . writ of mandamus upon the Secretary of the Treasury to compel him to pay to the State from the present surplus revenues of the treasury the fourth instalment of surplus revenue directed by the act of June 23d, 1836,5 Stat. 55, to be deposited with the States.
1Opinion of the CourtJustice Harlan
This is an application for a writ of mandamus directed to the Secretary of the Treasury, commanding him to deliver to the proper officer of the Commonwealth of Virginia the sum of $732,809.33 — that being, it is claimed, the amount of the fourth instalment of the public money of the United States required by the act of Congress, approved June 23, 1836, to be deposited with that State upon the terms and conditions therein prescribed.
The thirteenth and fourteenth sections of that act — the only parts thereof material-to the present inquiry — are as follows:
“Sec. 13. Andie it further enacted,…
2Cited by1 opinion
- Edison v. LubinCourt of Appeals for the Third Circuit · 1903