Cowan v. Fulton

Citations

• 23 Va. 579

Syllabus

<p>1. The 5th section of ch. 171, Sess. Acts 1869-70, p. 227, in relation to the transfer hy the court of appeals to the Circuit courts, of causes lately pending in the District courts of appeal, to be there heard as by an appellant court, is constitutional.</p> <p>2. A judge of a Circuit court to which a cause has been sent under this act, may be compelled by mandamus from the Supreme court of appeals, to hear and determine the case.</p> <p>3. The judge to whose court the cause was sent, being of opinion that the said act is unconstitutional, refused to hear the case, and directed it to be struck from the docket. This is not a j udgment in the cause which will prevent the issue of a mandamus to him to hear the case.</p>