Neal v. Allen

Citations

• 76 Va. 437
• 1882 Va. LEXIS 50

Syllabus

<p>1. Judges—Terms, salaries, waiver.—Under the constitution judges can he elected for only “full terms their salaries cannot be diminished during their terms; accepting, under second election, diminished salary under the acts of assembly, without protest, constitutes no waiver of their rights. See Montague’s Adm'r v. Massey, Auditor, ante p. 307.</p> <p>2. Case at bab.—H’s term as county judge expired 31st December, 1873, but he resigned in 1872. The term of county judges is six years-N was in January, 1873, elected to fill Jiis unexpired term, under act of assembly construing the constitution. Then the salary was $800, but it was reduced 1st January, 1874, by act of assembly, and made payable out of county treasury. N received the reduced salary from the county without protest, during his whole term—he having been again elected at the general election in December, 1873. On application by N for mandamus to the auditor for difference between $800 and the amount received out of county treasury—</p> <p>Held :</p> <p>Petitioner is entitled to the difference and to the mandamus to compel auditor to pay it.</p>