Supreme Court of Virginia, 1840

O'Rear's adm'rs v. Kiger

Supreme Court of Virginia · Decided March 15, 1840 · Brooke

10 Va. 622

Counsel

The cause w'as argued here, by R. C. Stanard and Lyons for the plaintiffs in error, and Leigh for the defendant., Leigh said, the counsel for the appellant,

Opinion of the Court

Brooke, J.

delivered the opinion of the court, that the contract set out in the declaration did not come within the proviso contained in the fourth section of the statute against buying and selling offices, but was plainly within the three first sections of that statute, and was therefore illegal and voidt and that, therefore, the judgment should be reversed, and judgment entered for the defendants .on the demurrer to the declaration.*

Scott, J. dissented.

The reporter understood, that the court did not mean to disturb the authority of Sailing v. M’Kinney, 1 Leigh 42.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.