Glenn v. Cutshaw

Supreme Court of Virginia

Glenn v. Cutshaw

33 S.E. 1015, 96 Va. 677, 1899 Va. LEXIS 119

DecidedFebruary 2, 1899

StatusPublished

This text of 33 S.E. 1015 (Glenn v. Cutshaw) 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.

Bluebook

Glenn v. Cutshaw, 33 S.E. 1015, 96 Va. 677, 1899 Va. LEXIS 119 (Va. 1899).

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Opinion

The following order was entered by the court:

“ This day came again the parties by counsel, and the court having maturely considered the petition of the plaintiff, the demurrer and answer of the defendant, and arguments of counsel, is of opinion that where the Corporation Court has, under the provisions of sec. 666 of the Code, as amended by Acts of 1897-8, p. 343, decided that an additional survey need not be made because a sufficient description of the lot can be obtained from the records, there is no necessity for a report by the City Engineer, since any report made by him without a survey would only show what the court has, by dispensing with the survey, declared sufficiently appears by the record. It is [678]*678therefore considered that the prayer of said petition for a mandamus be denied, and the petition dismissed, and that the defendant recover against the plaintiff his costs by him about his defence herein expended.”

Mandamus refused.

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The following order was entered by the court:

“ This day came again the parties by counsel, and the court having maturely considered the petition of the plaintiff, the demurrer and answer of the defendant, and arguments of counsel, is of opinion that where the Corporation Court has, under the provisions of sec. 666 of the Code, as amended by Acts of 1897-8, p. 343, decided that an additional survey need not be made because a sufficient description of the lot can be obtained from the records, there is no necessity for a report by the City Engineer, since any report made by him without a survey would only show what the court has, by dispensing with the survey, declared sufficiently appears by the record. It is [678]*678therefore considered that the prayer of said petition for a mandamus be denied, and the petition dismissed, and that the defendant recover against the plaintiff his costs by him about his defence herein expended.”

Mandamus refused.

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Bluebook (online)

33 S.E. 1015, 96 Va. 677, 1899 Va. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-v-cutshaw-va-1899.