Lewis v. Whittle

Citations

• 77 Va. 415
• 1883 Va. LEXIS 73

Syllabus

<p>1. Mandamus-Offices-Rule.-This writ is an extraordinary remedy in cases where the ordinary modes of proceeding are powerless, and without its aid there would be a failure- of justice. The rule of this court is that mandamus is the true specific remedy for a wrongful deprivation of an office. Under quo warranto information, judgment might remove the occupants, but could not install the claimants.</p> <p>2. Idem-When allowed.-Wherever there is a right to exercise an office, perform a service, or exercise a franchise, and one is dispossessed of such right and has no other adequate specific remedy, then mandamus should- be allowed, for sake of justice, and peace, and good government.</p> <p>3. Medical College of Virginia-Public Corporation-Governor-Legislature- Case at bar. -In 1854, the Medical College of Virginia was incorporated, with a board of nineteen visitors, named in the charter, and required to make annual report to the second auditor. Power was reserved to the legislature to modify, alter or repeal the charter at pleasure. An appropriation of $30,000 was made to the college in i860, in consideration that it convey all its property to the literary fund. The conveyance was made. In 1866, an appropriation of $1,500 was made, and a like sum has been annually appropriated since then. The charter empowers the governor to fill any vacancy which may occur in the board by reason of death, resignation or otherwise. In 1882 the governor removed the entire board of visitors and appointed a new board. The former refused to surrender, and on petition of the latter for a writ of mandamus :</p> <p>Held :</p> <p>1. This college is a public corporation.</p> <p>2. The visitorial authority is in the state.</p> <p>3. The power of removing and appointing the visitors is reserved in the charter to the legislature, and has not been granted to the governor.</p> <p>4. To him has been given only the power to fill vacancies which may occur by reason of death, resignation or otherwise