Legal Opinion

Shell v. Cousins

Supreme Court of Virginia

Decided March 29, 1883PublishedCited by 19 opinions

Error to judgment of circuit court of Dinwiddie, rendered April 12th, 1882, on an application for a writ of prohibition, in which Henry Cousins, late sheriff of said county, was plaintiff, and E. C. Shell, judge of the county court of said county, and Albert T. Powell and S. T. Gilliam were defendants. Cousins, then being sheriff, on November 17th, 1881, accepted the office of sampler of tobacco at Moore’s warehouse, in Peters-burg.

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Error to judgment of circuit court of Dinwiddie, rendered April 12th, 1882, on an application for a writ of prohibition, in which Henry Cousins, late sheriff of said county, was plaintiff, and E. C. Shell, judge of the county court of said county, and Albert T. Powell and S. T. Gilliam were defendants. Cousins, then being sheriff, on November 17th, 1881, accepted the office of sampler of tobacco at Moore’s warehouse, in Peters-burg. The attention of Judge Shell being called to this fact in open court, he had Cousins summoned to show cause why the judge of the said county court should appoint…

1Opinion of the CourtLacy, J.

This case is as follows: On the 17th day of November, 1881, Henry Cousins, then sheriff of Dinwiddie county, accepted the office of sampler of tobacco, at Moore’s warehouse, in the city of Petersburg. The judge of the county court, the appellant here, having had his atténtion called to this acceptance of another office by the said sheriff, who had qualified to the same, and given bond, as required by law, declared the office of sheriff vacant, and appointed another qualified person to fill the same on the 21st day of February, 1882, after some preliminary proceedings not material to the…

2Cited by19 opinions

  1. Nelms v. VaughanSupreme Court of Virginia · 1888
  2. Dean v. PaolicelliSupreme Court of Virginia · 1952
  3. Attorney General ex rel. Moreland v. Common CouncilMichigan Supreme Court · 1897
  4. Olden v. PaxtonIdaho Supreme Court · 1915
  5. Campbell v. HuntArizona Supreme Court · 1917

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