Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1914-03-13
WILLIAMS AIPPElL.cA|S IS
Full Text of Opinion of Court Of APP
peals Reversing Corporation
Court
The following is the full text OF
the opinion of Judge Buchanan OF
the Supreme Court of Appeals IN
lthe case of Julian Y Williams. i.

case, WHICH IS q ploSSSuti'S VI -
warranto. is whether or not the plain
tiff in error was d resident OF inc
city of Alexandria. II is averrea J:
the petition for the writ, which WAS
fiiedeon the 18th of January, 1917,
that the plaintiff in error was, at
the regular election in June, l9lb.
elected a member Of the common
council of that city flonr the second
war;. for a tern, OF four yealS,
commencing on September Isl foi-
lowing, and that he qualified as Such
f,,elnber of the council by taking ths
oath, an. entered upon the discharge
of his duties at the commencement
Of his term, and still continues to
exercise his functions as such mem
Der. 1t is further averred IN the pc
tition, that some time during the
wear 1912 the plaintiff in error re-
moved from the city into the county
of Alexandria and took up his resi-
dence there and has ever since re
! side:, in the county and has not stree
| said removal been q resident OF the
/! city: that when he ceased to he
resi- ent of the city his office as Il
member Of the council ipso facto be-
canre vacant; and that he is now al
intruder and usurper Of that office.
Upon that petition writ OF quo
wa,ranto was issued against tire
plaintiff in error TO show by Wn't
authority of law he was dischargmg
or seeking to discharge the duE'fs
of a. member, of the city council. tie
filed an answer to the petition III
which he admitted that he had beer
eleate::, had qualified and was acting
as a member of the common conasi'
of the city, denie' that he had chang
cd his residence from the city to ire
county. and stated the circumstances
and facts attending his absence from
the city as follows:
"That more than Il year ago ne
caused to be greeted at Cottage
Park. il. Alexandria county. Va,
house in which he expected to 'pciia
tbr summer months, which HOUSE
was complete in the month of jan
I uary; 1912. and that about the NJ"
Of Jure 1912. he went to SAID Rouse
lat Cottare Park in Alexandria coVn-
~ with the intention of spendlnH
several months. but with no intent Oh
whatever Of giving up his residence IN
the rirN of Alexandria,, Virginia,
which residence he has owned !or i
number of years, ard on which NJ
has paid ard is paying taxes an"
in which practically all Of his t1r-
niture is kept, on which furniture re
has paid and IS paying taxes. Saie
resi- ence' being known. as No -''
North Royal street, in the Sec""-
ward of the City of AleXa" ma va
! "A copy of his deed for this house i
! fired herewith MARKED Exhibit !
with answer" and the tax receipts
! are filed herewith marked exhibit
} with answer.D
"That at the t;rts he went 70
exardr:a county, AK atore'aid' ne
removed from bis residence IN the
city OF Alexandria to his house II
Alexandria county only MS books ana
several pieces OF furniture leaving
by far the greater part Of his san
furniture IN his resi- ence at NO.
20G North Royal street, Alexandria,
Virginia.
"That in addition to his residence
in the second ward in the city OF
Alexandria, Virginia, he has d place
Eof business. which he owns and oH
which he pays taxes. and in the sec
ond story of which it has always
I,baen his intention to construct
partments for living, in The event
that ne should at any time, dispose
of his present residence at No. 206
North Royal street, Alexandra.
That it was HIS intention. IN the
event of an early winter. to return
! from his home in. Alexandria county
to his residence in the city OF Alex
ar, ria. Virginia before Christmas
but that at the request OF MS VIE
he remained in the county owing 10
the condition of his ,wife's health
she having preferred to remain III VIC
county until the birth OF a eh.iu'
which occurred during the paS'
month. ,:,,u
Upon the trial of the pfocsea'"s
and upon the plea of not guilty. ''.si
was q verdict and judgment aSah,sS
the plaintiff in error, To that Jus
l.ment this writ Of error was aWaraeu.
Two errors are assigned-ohe 10 tue
action Of the court IN giving ait'
- - = md the other 10