Richardson v. Farrar

Citations

• 88 Va. 760
• 15 S.E. 117
• 1892 Va. LEXIS 30

Syllabus

<p>1. Contested Elections — Section 160 construed— Mandamus. — This statute commands that returns of county elections he, upon complaint by fifteen or more voters of undue election and false return, and counter-complaint, if any he filed, subject to the inquiry, determination and judgment of the county court, which shall proceed without a jury and on the testimony to decide the same upon the merits according to the constitution and the laws. In such a contest, the quashing and dismissal of a joint complaint- of undue election and false return against three at the same election, oil the ground of misjoinder of defendants;</p> <p>Held :</p> <p>Error because the statute does not limit the contest to one, and mandamus lies to compel the court to proceed to hear and determine the contest.</p> <p>2. Idem — Dilatory motions. — Whore complaint complies with the statutory requirements, and counter-complaint has been filed ; dilatory defences, held, to have been waived.</p>