Paulsen v. Rogers
Supreme Court of Virginia
This was an application in November, 1879, to this court by Herman G. 0. Paulsen for a mandamus to Asa Rogers, second auditor of the state, requiring him to fund certain bonds of the state, which had been issued in 1851, held by the petitioner, in tax receivable coupon bonds, as provided by the act of March 30th, 1871. The auditor answered the rule, insisting that by the act of March 7th, 1872, the act of March 30th, 1871, so far as it authorized the issue of tax receivable…
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This was an application in November, 1879, to this court by Herman G. 0. Paulsen for a mandamus to Asa Rogers, second auditor of the state, requiring him to fund certain bonds of the state, which had been issued in 1851, held by the petitioner, in tax receivable coupon bonds, as provided by the act of March 30th, 1871. The auditor answered the rule, insisting that by the act of March 7th, 1872, the act of March 30th, 1871, so far as it authorized the issue of tax receivable coupon bonds, had been repealed, and by the act of March 29th, 1879, the said act had been wholly repealed.
1Opinion of the CourtChristian, J.
The petition in this case is filed by Herman G. C. Paul-sen, who is a holder of certain Virginia consol bonds, invoking the original and extraordinary jurisdiction of this court, by way mandamus, to compel the second auditor to fund said bonds, according to the provisions of the act of the general assembly, approved March 30th, 1871.
It is admitted in said petition, as well as averred in the answer of the said auditor, that the bonds held by said petitioner were not presented to the said' auditor for the purpose of being funded until the 17th day of November, 1879.
The court is of opinion, that…
2Cases cited1 opinion
- Wise Bro. v. RogersSupreme Court of Virginia · 1873
3Cited by7 opinions
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