Lewis v. Whittle
Supreme Court of Virginia
On petition for a writ of mandamus by John F. Lewis and eighteen others, who, on 22d September, 1882, were appointed by his excellency, William E. Cameron, governor of Virginia, as a board of visitors of the Medical College of Virginia, from this court, to command the respondents therein, to-wit, F. M. Whittle and eighteen others, who, before that .day, constituted the-board of visitors of that college, to deliver to the petitioners the possession thereof, which they have…
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On petition for a writ of mandamus by John F. Lewis and eighteen others, who, on 22d September, 1882, were appointed by his excellency, William E. Cameron, governor of Virginia, as a board of visitors of the Medical College of Virginia, from this court, to command the respondents therein, to-wit, F. M. Whittle and eighteen others, who, before that .day, constituted the-board of visitors of that college, to deliver to the petitioners the possession thereof, which they have hitherto refused to do. The petition sets forth the appointment of the petitioners by the governor, and claims the right…
1Opinion of the CourtLacy, J.
The first question raised in this case is as to the nature of the proceedings. The respondents say that mandamus will not lie in this case; that they can be removed from office only by quo *417warranto, and that they cannot he so removed by mandamus. This question has been so often and so recently settled in this court that it cannot be now regarded as an open question.
Without entering at length into a discussion of the nature and origin of the writ of mandamus, it is sufficient to say it is an extraordinary remedy in cases where the usual and ordinary modes of proceeding are powerless to afford…
2Cases cited1 opinion
- Newsom v. CockeMississippi Supreme Court · 1870
3Cited by38 opinions
- Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
- State Ex Rel. Bumgardner v. MillsWest Virginia Supreme Court · 1949
- University of Maryland v. MurrayCourt of Appeals of Maryland · 1936
- Smith v. BryanSupreme Court of Virginia · 1902
- Stowers v. BlackburnWest Virginia Supreme Court · 1955
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