Southern Express Co. v. Commonwealth of Virginia
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Wythe county, rendered February 15, 1893, in an action of trespass on 'the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant.
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Error to a judgment of the Circuit Court of Wythe county, rendered February 15, 1893, in an action of trespass on 'the case, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of trespass on the case, instituted in the Circuit Court of Wythe county, in the name of the Commonwealth of Yirginia, suing at the relation of James A. Walker, against the Southern Express Company, to recover the forfeiture denounced by section 1220 of the Code for excessive charges on a small package of papers sent by the relator, at Wytheville, Ya., to…
1Opinion of the CourtRiely, J.
There is but a single question involved in this case, and that relates to the constitutionality of section 1220 of the Code of Yirginia. Its validity is assailed by the plaintiff in error on several grounds.
The first and main objection is based on sec. 7 of Art. YIII. of the’Constitution of the State, which sets apart as a *62permanent and perpetual Literary Fund, among other resources, “ all fines collected for offences committed against the State.” It is contended that the forfeiture provided for in sec. 1220 is embraced by the term “ fines ” so set- apart by the Constitution, and that the…
2Cases cited4 opinions
- O'Neil v. VermontSupreme Court of the United States · 1892
- Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
- Pervear v. CommonwealthSupreme Court of the United States · 1867
- Lessee of Livingston v. MooreSupreme Court of the United States · 1833
3Cited by39 opinions
- Connecticut Action Now, Inc. v. Roberts Plating Company, Inc.Court of Appeals for the Second Circuit · 1972
- State v. RossOregon Supreme Court · 1909
- State v. TaylorTennessee Supreme Court · 2002
- State v. NelsonSupreme Court of Connecticut · 1940
- State v. WoodwardWest Virginia Supreme Court · 1910
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