Frazier v. Virginia Military Institute

Citations

• 81 Va. 59
• 1885 Va. LEXIS 9

Syllabus

<p>1. V. M. I.—Corporate Name.—The corporate name of the institute at Lexington, is “The Virginia Military Institute.” Code 1873, chapter 31, section 9.</p> <p>2. Unlawful Detainer—Evidence—Record.—In unlawful detainer by corporation against its ex-treasurer for possession of house and lot allowed him as residence whilst in office as part'of emoluments, the records of the corporation are admissible as evidence to show the arrangements made between the parties.</p> <p>3. Idem—Issue triable without plea.—In such action, though defendant does not put in the prescribed plea of “not guilty,” yeta jury is impaneled to try whether he unlawfully withholds the premises in controversy. Olinger v. Shepherd, 12 Gratt. 462.</p> <p>4. Idem—Case at bar.—V. M. I. board of visitors on 30th July, 1884, ordered that the treasurer’s salary be §1,000per annum, and §100 for fuel and lights, and that he have the use of the hospital building, and appointed F. such treasurer for the term of one year from that day. The new board on 16th December, 1884, vacated the office; but F. withheld the building, claiming that the old board had rented it to him for one year at §180, deducted in advance from his salary of §1,280.</p> <p>On unlawful detainer for its possession—</p> <p>Held:</p> <p>1. F’s right to possess the building being part of the emoluments of the office, ceased at his removal.</p> <p>2. Appointment to office is not a contract, and vests no rights in the appointee to the salary or emoluments thereto attached.</p>