Ford v. Cox
This text of 181 S.E. 721 (Ford v. Cox) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The basis of the petition for a writ of mandamus is that the lower court declined to hear the case on the merits.
We are of opinion that the trial court took jurisdiction of the matter and exercised its discretion in applying and construing the statutes. Under the circumstances the soundness of its judicial discretion cannot be raised by a [240]*240petition for a writ of mandamus, regardless of whether or not the exercise of such discretion was erroneous.
The petitioners’ only remedy, under the peculiar circumstances of this case, would ordinarily be by an appeal, hut an appeal is denied by the express terms of the statute, Code, section 268.
The writ of mandamus is denied.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
181 S.E. 721, 165 Va. 239, 1935 Va. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-cox-va-1935.