Nichols v. Branham
Supreme Court of Virginia
Error to judgment of corporation court of city of Mrfolk, rendered October 7th, 1884, in an action of trespass on the case wherein JohnB. Branham was plaintiff, and H. B. Mchols was defendant. The object was to recover damages for fees of office received by Mchols which Branham claimed. The demurrer to the declaration was overruled. The verdict was for plaintiff. The court overruled defendant’s motion to set aside the verdict, and entered judgment in accordance with it.
Read the full summary
Error to judgment of corporation court of city of Mrfolk, rendered October 7th, 1884, in an action of trespass on the case wherein JohnB. Branham was plaintiff, and H. B. Mchols was defendant. The object was to recover damages for fees of office received by Mchols which Branham claimed. The demurrer to the declaration was overruled. The verdict was for plaintiff. The court overruled defendant’s motion to set aside the verdict, and entered judgment in accordance with it. To this ruling the defendant excepted, and the evidence being certified, brought the case here on writ of error and…
1Opinion of the CourtLacy, J.
This case is as follows: On"the 25th of May, 1882, at the municipal election held under the charter of Norfolk city, one Long was elected commissioner of the revenue for the said city for the term beginning, under the law, on the 1st day of July following; but Branham, the incumbent under the old law, had been elected for four years, and had still two years to serve, and he refused to surrender under the terms of the existing law, claiming four years under the terms of the old law. TJpon quo warranto proceedings Long ousted him in the corporation court, and Branham brought the case here by…
2Cited by1 opinion
- Lambert v. MortonWest Virginia Supreme Court · 1931