Legal Opinion

Kirkham v. Russell

Supreme Court of Virginia

Decided December 19, 1882PublishedCited by 24 opinions

Petition of William Kirkham, W. E. Alley, W. EL Stevens, B. E. Porter, R. H. Raine, R. E. Jarvis, and-Eanes, who claim to have been lawfully elected on 28th June, 1882, by the council of the city of Petersburg, to fill certain city offices. They pray for a writ of mandamus' against E. R. Russell, the auditor of said city, to compel him to pay to them respectively their salaries.

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Petition of William Kirkham, W. E. Alley, W. EL Stevens, B. E. Porter, R. H. Raine, R. E. Jarvis, and-Eanes, who claim to have been lawfully elected on 28th June, 1882, by the council of the city of Petersburg, to fill certain city offices. They pray for a writ of mandamus' against E. R. Russell, the auditor of said city, to compel him to pay to them respectively their salaries. These petitions, heard together, were twice argued, first at Staunton, last at Richmond, where they were decided. The opinion of the court states the facts.

1Opinion of the CourtLewis, J.

In these cases, which involve the same questions and have been heard together, the petitioners allege that they are lawfullly elected and qualified officers of the city of Petersburg, and as- such are entitled to be paid from its treasury certain sums of money due them as salaries. They severally pray for a writ.of mandamus, commanding the respondent, whom they allege to be the acting -auditor of that city, to draw his warrants in their favor *958upon the city treasurer for the sums of money due them respectively.

In his answers to the rules awarded by this court, commanding him to show cause why…

2Cases cited7 opinions

  1. Thomas v. City of RichmondSupreme Court of the United States · 1871
  2. Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
  3. Thomson v. Lee CountySupreme Court of the United States · 1866
  4. Minturn v. LarueSupreme Court of the United States · 1860
  5. Ex Parte FrankCalifornia Supreme Court · 1878

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3Cited by24 opinions

  1. Commonwealth v. County Board of Arlington CountySupreme Court of Virginia · 1977
  2. Adams v. City of ShelbyvilleIndiana Supreme Court · 1900
  3. Violett v. City Council of AlexandriaSupreme Court of Virginia · 1896
  4. Law v. PhillipsWest Virginia Supreme Court · 1952
  5. Muscoe v. CommonwealthSupreme Court of Virginia · 1890

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