County Court of Gloucester v. County Court of Middlesex

Citations

• 79 Va. 15
• 1884 Va. LEXIS 53

Syllabus

<p>Construction op Statutes—Counties—Bridges and Causeways—Case at Bar.—A run divides G. and M. counties, and a swamp lies in M. adjacent to the run. County court of M., under sec. 30, ch. 181, Acts 1874-75, notified county court of G. of the necessity of a bridge over the run, and of a causeway over the swamp. Latter concurred as to the necessity, and appointed commissioners to confer with commissioners appointed by former. The commissioners, also, concurred as to the necessity; but those of G. thought the causeway should be made at the sole expense of M., and so reported, and their report was confirmed. Then county court of G. refused to appoint commissioners to unite with those of M. in letting the causeway to contract. Thereupon, county court of M applied to the circuit court of G. for a mandamus. County court of G. demurred.</p> <p>Held :</p> <p>1. That section provides only for a bridge or a causeway between two counties, and not for a bridge between the counties and a causeway wholly in one county, though adjacent and necessary to the bridge.</p> <p>2. G. county was under no obligation to aid in making the causeway, and in such a case a mandamus should be denied.</p>