Legal Opinion

Tazewell v. Herman

Supreme Court of Virginia

Decided March 17, 1908PublishedCited by 7 opinions

Error to a judgment of the Court of Law and Chancery of the city of Norfolk on a petition for a mandamus. Judgment for the defendant. Petitioners assign error.

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Error to a judgment of the Court of Law and Chancery of the city of Norfolk on a petition for a mandamus. Judgment for the defendant. Petitioners assign error. The following is a copy of the petition filed in trial court: “To the Hon. William Bruce Martin, Judge of the Court of Law and Chancery of the city of Norfolk: “Your petitioners, L. W. Tazewell, George L. Arps and C. H. Bull, respectively represent— “1. That they áre citizens, residents, tax-payers and qualified voters in the city of Norfolk, Virginia; “2. That the defendant, H. S. Herman, is the duly qualified treasurer of the city of…

1Opinion of the CourtBuchanan, J.

The question involved in this case is whether it is the duty of the treasurer of a county or city, under section 38, article II, of the Constitution, in making and filing the list of persons 'who have paid their poll taxes, to embrace in such list the names of all persons who have paid their poll taxes, or only the names of those who have personally paid the same.

That section provides, that after the first day of January, 1904, the treasurer of each county and city shall, at least five months before each regular election, file with the clerk of the circuit court of his county, or of the…

2Cases cited5 opinions

  1. United States v. LeeSupreme Court of the United States · 1882
  2. Bennett v. HunterSupreme Court of the United States · 1870
  3. State ex rel. New York Life Insurance v. PhilipsSupreme Court of Missouri · 1888
  4. Chalmers v. Funk & SonSupreme Court of Virginia · 1882
  5. Immigration Society v. CommonwealthSupreme Court of Virginia · 1904

3Cited by7 opinions

  1. State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
  2. Minnesota Electric Light & Power Co. v. HooverSupreme Court of Oklahoma · 1924
  3. Smith v. BellSupreme Court of Virginia · 1912
  4. Tilton v. HermanSupreme Court of Virginia · 1909
  5. Lalakea v. Laupahoehoe Sugar Co.Hawaii Supreme Court · 1940

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