Kilpatrick v. Smith

Citations

• 77 Va. 347
• 1883 Va. LEXIS 65

Syllabus

<p>1.Constitution-Officers-Terms.-Judges and all other officers elected or appointed, are empowered by article six, section twenty-five of the constitution of this state, to continue to discharge the duties of their offices after their terms of service have expired, until their successors have qualified, and no longer. Johnson v. Mann, Judge, supra, p. 265.</p> <p>2. Idem-State Board of Ediication.-Article nine, section two of the constitution, provides for a board of education composed of the governor, superintendent of public instruction, and attorney-general, and prescribes its duties; and section twelve directs that the general assembly shall make all needful rules and regulations to carry into effect the public free school system provided for by this article.</p> <p>3. Legislature-Board of Education-Duties.-Acts 1869-70, chapter 259, section two, declares that the public free school system shall be administered by a board of education, a superintendent of public instruction, county superintendents of schools, and district school trustees; and section seven prescribes the duties of the board of education, among which is that of appointing and removing district school trustees, until otherwise provided.</p> <p>4. Districts-Trustees-Vacancies-City Council-Board of Education.-Acts 1870-71, chapter 308, section three, makes each city ward a school district; section seven provides that all vacancies may be supplied at any time within sixty days after occurrence, by the city council, which shall divide the trustees into three classes, to hold office, one, two and three years respectively, and enacts that, “should the city council in any case fail to act within the time prescribed, it shall be the duty of the board of education to fill the vacancy or vacancies without further delay.”</p> <p>5. Office-Injunction-Quo Warranto.-Where title to office is the point in controversy, the remedy is not by injunction, but at law, by information in the nature of quo warranto.</p>