Botetourt County v. Burger
Supreme Court of Virginia
Argued at Staunton. Decided at Richmond. Error to judgment of circuit court of Botetourt county, rendered at its May term, 1889, in an action of debt on an official bond, wherein E. J. McCulloch, treasurer of said county, suing for the benefit of said county, is plaintiff, and H. R. Burger, late treasurer of said county, and his sureties on his official bond, are defendants. The only plea was “ conditions performed.”
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Argued at Staunton. Decided at Richmond. Error to judgment of circuit court of Botetourt county, rendered at its May term, 1889, in an action of debt on an official bond, wherein E. J. McCulloch, treasurer of said county, suing for the benefit of said county, is plaintiff, and H. R. Burger, late treasurer of said county, and his sureties on his official bond, are defendants. The only plea was “ conditions performed.” The verdict and judgment being for the defendant, the plaintiff brought the ease here on writ of error and supersedeas.
1Opinion of the CourtLacy, J.
*531This action was debt on the bond of the defendant in error as treasurer of Botetourt county. The defendant demurred to the declaration, which the court overruled; and he then filed his plea of “conditions performed,” upon which issue was joined, ilo other plea was filed, and upon the trial there was a verdict as follows: “We, the jury, find that the defendants is indebted to the plaintiff in the sum of fifteen hundred and seventy-two and 68-100 dollars, as of July 30th, 1883, and that the plaintiff is indebted to the defendants in the sum of twenty-seven hundred and forty-seven and 28-100…
2Cited by16 opinions
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