Town of Danville v. Blackwell

Citations

• 80 Va. 38
• 1885 Va. LEXIS 38

Syllabus

<p>1. Removal of Causes — Constitution.—Act of March 7th, 1884, Acts 1883-’84, page 424, directing that on motion, on twenty days’ notice by any party, any suit or proceeding pending in a corporation court shall be removed, as of right, to the circuit court of said corporation, is not unconstitutional.</p> <p>2. Idem — Mistrial—Waiver—Mandamus.—In such a case there was ineffectual trial. At next term defendant, after notice under said act, moved for the removal of the case to the circuit court, and the corporation court denied the motion.</p> <p>Held :</p> <p>1. Right of removal was not waived.</p> <p>2. Mandamus is the remedy for refusal to remove.</p>