Gilkeson v. Frederick justices
Supreme Court of Virginia
At a court held for the county of Frederick, all the justices of the county having been summoned for the purpose, it was ordered that the sum of four hundred dollars be taxed on the sheriff of the county, to be paid on the first of the next February. At the April ^erm the court for 1853, Thomas A. Tidball was a commissioner to settle the accounts of yyp]jam j)# G-iffieson, for all charges of the county against him as sheriff of the county.
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At a court held for the county of Frederick, all the justices of the county having been summoned for the purpose, it was ordered that the sum of four hundred dollars be taxed on the sheriff of the county, to be paid on the first of the next February. At the April ^erm the court for 1853, Thomas A. Tidball was a commissioner to settle the accounts of yyp]jam j)# G-iffieson, for all charges of the county against him as sheriff of the county. And Tidball . J having reported to the court that the sheriff refused to pay the tax assessed upon his office, the court at its May term directed the…
1Opinion of the CourtSamuels, J.
The plaintiff seeks to reverse the judgment in this case for two reasons :
1st. Because the statute of June 7, 1852, Sess. Acts, p. 12, ^ 1, is not such as the general assembly might enact under the constitution of Virginia.
2d. Because, if the statute be constitutional, yet the action of the County court under it is not warranted by the law.
The power of the courts to decide against the va*579lidity of a statute which is iu conflict with the constitution, is beyond question. The duty of the court so to decide, when a proper case is presented, is manifestly plain.
We are referred to the constitution,…
2Cited by17 opinions
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- Ould & Carrington v. City of RichmondSupreme Court of Virginia · 1873
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