Owens v. O'Brien
Supreme Court of Virginia
Four cases presenting same questions and heard together. Error to judgment of corporation court for city of Manchester, rendered 26th January, 1883, in a certain proceed-ing in the nature of quo warranto in the name of the Commonwealth at the relation of John O’Brien against T. E. Owens, to show cause by what title he holds the office of school trustee for the fourth ward in said city, and why he should not be ousted.
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Four cases presenting same questions and heard together. Error to judgment of corporation court for city of Manchester, rendered 26th January, 1883, in a certain proceed-ing in the nature of quo warranto in the name of the Commonwealth at the relation of John O’Brien against T. E. Owens, to show cause by what title he holds the office of school trustee for the fourth ward in said city, and why he should not be ousted. Owens answered that the relator had vacated said office by failing to take and subscribe the oath of office; that the city council had failed to act; that the board of education…
1Opinion of the CourtFauntlekoy, J.
The transcript of the record discloses that on the 16th of July, 1880, John O’Brien (the relator) was elected by the city council of Manchester a school trustee for the fourth ward of said city, to serve for three years from August 1st, 1880; that oral testimony only was. offered to show that the said O’Brien on August 24th, 1880, appeared before the superintendent of public schools of said city and took certain oaths, the character of which were not proven, nor were said oaths any where recorded, nor was any evidence offered, or alleged, to prove that the said O’Brien ever subscribed to the…
2Cases cited1 opinion
- Childrey v. RadySupreme Court of Virginia · 1883
3Cited by4 opinions
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