Pumphrey v. Brown

Citations

• 77 Va. 569
• 1883 Va. LEXIS 91

Syllabus

<p>1. Constitution.-Act of assembly approved, February 13th, 1877, entitled “ an act to amend and reenact l 36, ch. 68, Code 1873,” is not inconsistent with l 4, article vii of the constitution.</p> <p>2. Construction of Statutes-Towns-School districts.-Under the said act, approved February 13th, 1877, incorporated towns having over five hundred, and less than five thousand inhabitants, if the council of such town so elect, shall constitute a separate school district; and such council shall have the power to appoint three school trustees, to serve one, two, and three years, respectively, and annually thereafter, it shall appoint a school trustee to serve three years.</p> <p>3. Case at Bar.-On September 21st, 1882, the town council of the incorporated town of A., which then had over 500 and less than 5,000 inhabitants, organized that town into a separate school district and elected K. and two others trustees therefor, who duly qualified and organized “ the board of trustees for the school district for the town of A. in the county of H.” On 19th February, 1883, P. and two others, who had been duly appointed, qualified and organized as “ the board of school trustees in and for school district No. 3 in the said county of H.,” which district had embraced within its limits the said town of A. before its erection into a separate school district, presented to this court their petition for a mandamus to compel said K. and his two associates to restore to them the control of that portion of district No. 3, which is included within the limits of said town of A., as it had been prior to the creation of the separate district.</p> <p>Held :</p> <p>The writ of mandamus is denied.</p>