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COMMONWEALTH v. SMITH

78 S.E.2d 641 (1953)

195 Va. 389

COMMONWEALTH ex rel. FISHER v. SMITH, Com'r of Revenue of City of Virginia Beach.

Supreme Court of Appeals of Virginia.

November 30, 1953.

Attorney(s) appearing for the Case

James G. Martin & Sons, Norfolk, M. Earl Woodhouse, Robert Lee Simpson, Virginia Beach, for plaintiff in error.

Richard B. Kellam and William L. Parker, Norfolk, for defendant in error.

Before All the Justices.

WHITTLE, Justice.

This proceeding was brought in the Circuit Court of Princess Anne County by C. Leonard Fisher pursuant to sections 15-500, 15-501, 15-502 and 15-503, Code of Virginia, 1950, seeking the removal of E. W. Smith, Commissioner of the Revenue for the City of Virginia Beach.

The Commonwealth's Attorney disqualified himself and the court appointed M. Earl Woodhouse to act. The judge of the court having also disqualified himself, Judge Burnette Miller...

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