Nichols v. Branham

Citations

• 84 Va. 923
• 6 S.E. 463
• 1888 Va. LEXIS 168

Syllabus

<p>Office—Fees—Usurper—General rule—Exception—Case at bar.—When one person has usurped an' office belonging to another, and has taken the fees, an action will lie for the same. But when B. was ousted upon quo warranto from a city office by L., and B. appealed; pending appeal, L. resigned ,*• N. was appointed to fill the vacancy. The decision on appeal was in favor of B., who had not demanded the office or attempted to perform its duties until the final decision, when it was delivered up:</p> <p>Held:</p> <p>B. cannot recover from N. the official fees received by him pending the appeal. ,</p>