Montague's Adm'r v. Massey

Citations

• 76 Va. 307
• 1882 Va. LEXIS 34

Syllabus

<p>1. Judges—Terns.—Under the constitution o£ this State judges can be elected only for full terms. The rule of stare decisis applies here.</p> <p>2. Idem—Salaries.—Nor can the salary and allowances of a judge be diminished during his term.</p> <p>3. Estoppel.—Between a citizen and the State owing him money for services rendered, no question of estoppel can arise.</p> <p>4. Waiver.—Accepting commission under second election and diminished salary and allowances under the acts of the legislature, without protest or objection, does not constitute a waiver of his lawful rights—acceptance of part of a claim is not a satisfaction of the whole.</p> <p>5. Case at bar.—M was on 25th March, 1875, elected judge of eighth judicial circuit, to fill vacancy in term which would have expired 31st December, 1878. The term of a circuit judge is eight years. In December, 1872, the legislature passed an act that all judges elected to fill vacancies should be for the unexpired terms o£ their predecessors. When M was elected, a circuit judge’s salary was $2,000; but in March, 1878, an act of assembly was passed reducing it to $1,600 after 1st January, 1879. At re-election of circuit judges, in December, 1878, M was reelected judge of that circuit; was commissioned, received the reduced .salary without objection after 1st January, 1879, till bis death, which occurred 4th March, 1880. On petition by his administrator against the auditor, to recover the difference between the original and the reduced salaries from 1st January, 1879, until 4th March, 1880—</p> <p>Held :</p> <p>The administrator of M is entitled to recover.</p>