Harrison v. Barksdale
Supreme Court of Virginia
Original application for mandamus. This is a proceeding instituted by the petition of Randolph Harrison and others, citizens, taxpayers and qualified voters of the city of Lynchburg, praying of this court a writ of mandamus to compel the respondent, the Hon. Wm. R. Barksdale, to enter an order precisely contrary in its purport to the order which was in fact heretofore entered by him in the case.
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Original application for mandamus. This is a proceeding instituted by the petition of Randolph Harrison and others, citizens, taxpayers and qualified voters of the city of Lynchburg, praying of this court a writ of mandamus to compel the respondent, the Hon. Wm. R. Barksdale, to enter an order precisely contrary in its purport to the order which was in fact heretofore entered by him in the case. The case involves a special election held in the city of Lynchburg on November 4, 1919, under the statute (Acts 1914, p. 165, as amended by Acts 1916, p. 672, and Acts 1918, p. 402.), which was…
1Opinion of the Court
SlMS, J.,
after making the foregoing statement, delivered the following opinion of the court:
The questions presented by the record for decision will be disposed of in their order as stated below.
We are confronted at the outset with a question of procedure, namely:
[1-3] 1. If the position of the petitioners were well taken, and it was the duty of the respondent to have entered a contrary order from that which he did enter, would mandamus lie to compel him to do so ?
*188This question must be answered in the affirmative.
In view of the full discussion of this subject in the opinion of this court…
2Cases cited37 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Carroll County v. SmithSupreme Court of the United States · 1884
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Knox County v. Ninth National BankSupreme Court of the United States · 1893
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3Cited by8 opinions
- State Ex Rel. Bumgardner v. MillsWest Virginia Supreme Court · 1949
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- Fallon Florist, Inc. v. City of RoanokeSupreme Court of Virginia · 1950
- Board of Supervisors v. CombsSupreme Court of Virginia · 1933
- Lipscomb v. NuckolsSupreme Court of Virginia · 1934
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