Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-02-19
JUDGES TERMS.
Decision YESTERDAY BY the supreme Court In
the Mellon and Halifax Gases.

the Mellon and Halifax Cases.
In the Supreme Court yesterday de-
cisions were rendered in the cases Of
the county judges Of Nelson and Halifax
counties.
Fitzpatrick rs. Kirby. This was a
mandamus inyolving the title to the
county judgeship Of Nelson county.
In 1876 the judge of that county,
whose term Of Office would not expire
till December 81, 1879, was removed
from Office by the General Assembly.
To FL the i,Ssancy thus created John
Thompson Bfown was in 1876 elected
judge of the county. When the term
TO fill the vacancy to which Brown was
elected judge was about to expire
Kirby was elected by the Legislature
to the Office for the term Of six years,
to begin January /, 1880, and expire
December 81, 1885, and accordingly
qualified and went on the bench and
served as Judge for about two months.
Just at that time, however, the Court
Of Appeals decided, in the case of er
parte Meredith, from Prince William
county, that judges elected by the
Legislature to fill vacancies in unexpired
terms were entitled to hold full terms
of six years.
On the strength Of this decision
Judge Kirby retired from the bench and
Judge Brown went back upon it and
served as judge till December 81, 1882,
filling ont term Of six years. Judge
Kirby was in December, 1881, again
elected Judge, and qualified and entered
on the discharge Of the duties of the
office for term which he claimed be-
gan January |, 1888, and would not
expire till December 81. 1887. But in
December, 1885, the Legislature, DEEM
ing that Judge Kirby's term would ex-
piTe December 81, 1885, elected Thomas
d. Fitzpatrick as judge Of Nelson
county. Fitzpatrick qualified and de-
manded the office, but Judge Kirby
declined to surrender it. Hence the
mandamus at the instance Of Fitzpat-
rick. The Court held that Kirby was
duly elected for the term Of Office be-
ginning January /, 1880, and expiring
December 81, 1885, and that Fitzpatrick
was duly elected for the term Of six
years beginning January /, 1886, and
is now entitled to hold the office, rest
ing their decision upon the grounds
adopted in the case of Burks against
Hinton.
The contest between Barksdale and /
Armistead for the judgeship of Halifax .
County Court was of very similar
character, but had this peculiar feature .
on which the controversy chiefly turn
ed-viz. That there was heretofore a
contest in regard to the Office Of judge |
in this county, in which it vas decided ,
that in and during the year 1880 the
previous incumbent Of the Office con-
tinued to be the lawful judge of the
county, and that the effect of that de-
cision was to declare the term Of his
successor to begin on the lst of Janu-
ary, 1881, and continue for six years
viz, till December 81, lSSG-and that
Judge Armistead's right to hold the
office to the latter date was thus res
The Court held in accordance with
the case of Burks against Hinton and
other cases decided by the Court of
Appeals, that the terms of the judges
Of the courts of this State do, by force
Of the Constitution, begin and expire
At fixed periods. And that the decision
above referred to, by which Judge
was not allowed to begin
his term of office till January |, 1881,
did not operate to extend that term
beyond December 81, 1885.
And accordingly Judge Barksdale,
who was elected to the Office in Deem
Der, 1885, having duly qualified, is en-
titled to hold the Office for a term Of
TX years, beginning January |, 1856.