Shumate v. Supervisors of Fauquier County
Supreme Court of Virginia
Petition for mandamus to compel board of supervisors of Fauquier county to issue a warrant upon treasurer of said county for $1,250, which sum it is alleged, is due petitioner as his salary as county court judge from March 1st, 1884, to Jan-, uary 1st, 1886.
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The petitioner alleges that he was the de jure judge of Fauquier county, and entitled to the salary annexed to the office, *575for the period from March 1st, 1884, to January 1st, 1886, but that upon presentation of his claim, the respondents refused to recognize him as such, on the ground that he had been removed from office by the legislature, and one Edward M. Spilman elected in his stead.
■ He insists, however, that such alleged removal was in violation of the constitution, and without legal effect, for three reasons: 1. Because the proceedings…
2Cases cited8 opinions
- Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. SameSupreme Court of the United States · 1884
- Case v. BeauregardSupreme Court of the United States · 1880
- Labette County Commissioners v. United States Ex Rel. MoultonSupreme Court of the United States · 1884
- Hartt v. HarveyNew York Supreme Court · 1860
- Blair v. MaryeSupreme Court of Virginia · 1885
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3Cited by12 opinions
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- State ex rel. Smyth v. KennedyNebraska Supreme Court · 1900
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