The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-02-14
THE TERMINAL CASE.
ATTORNEY GENERAL AYERS DELN'
Frs HIS OPINION.
BFDECLTyEs TO INSTITUTE pr
wARBASTO PROCEEDINGS
~ DECLARE THE ROAD wohhiN"
ouT.IDE ITS cHARthH.
The Circuit court of Richmond Has ~
JurisdIction, a. the headquarters
OF the Company il In King
william.

Yesterday AtiiOrney-Henefai Ayr
rendered his decision i'm The mailer OF
the petition TO him 10 institute pIoce,u'
ines in the nature Of QHo rqrT0nio in lhe
Circuit Court of Richmond 20 determine
whether on not the charter OF the hlch-
mond and Wesl Point Terminal Oom-
panv should be forfeited lis conciu-
sion IL based on the 4ound that Tine
headquarters of the company J., Il, 's,
Point. and that heretofore me hichihoii'
Circuit Court has no iurisdicil"h' l"e
following is
ATTORNEY GENERAL AYERS DECISION IN
FULL.
Commonwealth OF VIRGINIA,
ATroRNEY-GENERAL's OFFICE,
RIcnNoND, February f., 1852. }
Ne.rs Samuel Dicison and Ciarles n.
DaCosta.
Sirs.-I have carefully considered thc
pctitiOn TO the Circuit Court of the city
Of Richmond for writ ofsgH1 'r1fr1nto
against the Richmond and West Point
Termina, Railway and Warehouse Com
panv. which YOU recently presented 10
me with the request that J, as Attorney
said Circuit court for the viii.
Under section 32Oi Code of Virginia,
edition of 1851, it j. made the duiy 81
Auorney-General tJ appear AS couuse.
for the state i'm adj cases IN which iAe
Commonwealth is interested depending
in the Supreme COurl Of Appeals. THE
supreme Court of the United states, tue
DisIict and Circuit Courts OF the United
States for The Stale Of Virginia, and NE
Circuit Courts OF the city OF Richmond
Section 32lG OF the Code Of Virginia.
1887. provides that jurisdiction OF q
proceeding by writOf qa0 r4IruhiD Shall
he in the Circuit Ourt Ot the county oi
Circuit or Corporation court OBJ the cor
poration. wherein the defendant or one
OF the defendants resides, Orif the deicn-
dant be a corporation, wherein us prn-
cipal Office is, OF wherein its mayor, gec-
tor. president. or other chicf olAccr
resides. and il there be no such
Office or officer, or none OF me
defendants reside in this State, The
Circuit Court OF the city Of Richmond
shall have jurisdiction
The petition furnished me is addressed
10 the ircuit Court of the city of RICH
mond. bat / have asceriained that you
were under q misapprehensi0n as Oh lAe
location of the principal Office oi iAe
Richmond and West Point Terminal
Railway and Warehouse Company
The principal Office of ihe Company
is located in the town of West Point
from which it will be seen ihal iha
Circuit Court of the city of Richmond
has no jurisdiction and the writ can
ONLY be granted by the Circuit Count oi
King William county Whilst So B, NOT
clear, under sections 3023 and 3O2l OF iAc
Code. edition of 1857, that the Attorney
General has no, authority TO apply ron
the writ in any other court than iAe
Circuit Court Of the city of Richmond
when the sections above are considered
together with section 320i 10 seems TO t'
the intention of the Legislature that the
Acknowledgement shall only proceed iu
a proper case before the courts DID, Which
+ II is made his duty 90 appear as counsel
for the state. and That in other instance.
the proceedings should De taken at lht
instance Of the attorney for the Com
monwealth of the comfy OF corporation
the Circuit or Corporation Court where
of has jurisdiction
At all events the duties OF The Attor
ney.General in the Circuit Court Of thl
civ of Richmond, the supreme Court OF
Appeals, the supreme Court OF th'
United States. and the Circuit and Dis
trict Courts of the United States hay,
bppu and confines TO be sO enOrm0u
that have invariably declined 10 repre-
sent the Commonwealth in the Oihcl
courts. although often solicited TO do 81.
f in cases of great importance
lsee nothing in this application whici
requires me 10 change nay practice DO
that respect and therefore, without cN
pressing any opinion upon THE merits %
the application, decline 10 apply for tA0
writ Very respectfully
II. 4 AYERS,
Attorney General