Fitzpatrick v. Kirby

Citations

• 81 Va. 467
• 1886 Va. LEXIS 113

Syllabus

<p>1. Constitution—Judgeships— Vacancies—Elections.—.1 oint resolution of December 18, 1872, providing that “All elections by the general assembly to fill vacancies in the office of judge shall be for the unexpired term of his predecessor,” is constitutional, and is the settled law on the subject. Burks v. Hinton, 76 Va. 1.</p> <p>2. Idem—Case at bar.—In 1876 B. was elected judge of jST. county to fill the vacancy in his predecessor’s term, which expired 31 December, 1879. In 1879 K. was elected for the regular term, which began January 1, 1880, and expired 31 December, 1885. But, under ex parte Meredith, in 1880, B. demanded the judgeship of K. on the ground that he had been elected for a full term which expired 31 December, 1882, and K. yielded. In 1882 K. was again elected judge, and entered upon his duties January 1, 1883. This election was under ex parte Meredith, and K. was expected to hold until 31 December, 1888. Under Burks v. Hinton, P. was elected to said judgeship for a term of six years, to begin 1st January, 1886. K. refusing to surrender the office, P. applies for a writ of mandamus.</p> <p>Held :</p> <p>1. Under the law, as judicially interpreted in Burhsv. Hinton, K. was entitled to hold the office until December 31, 1885, but the term having expired, he has no right now to the office.</p> <p>2. P. having been elected to hold the office for a term to begin January 1, 1886, and having qualified, is entitled to the writ of mandamus.</p>