McClure v. Johnson
West Virginia Supreme Court
Appeal from a decree of the circuit court of Pendleton county, rendered on the 18th day ofNovember¿ 1871, in a cause in said court then pending, in which John McClure, administrator of William M. McClure, was plaintiff, and Jacob F. Johnson and others-were defendants, awarded on the petition of said Johnson. Hon. J. T. Hoke, late judge of the fourth judicial circuit, rendered the decree appealed from.
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Appeal from a decree of the circuit court of Pendleton county, rendered on the 18th day ofNovember¿ 1871, in a cause in said court then pending, in which John McClure, administrator of William M. McClure, was plaintiff, and Jacob F. Johnson and others-were defendants, awarded on the petition of said Johnson. Hon. J. T. Hoke, late judge of the fourth judicial circuit, rendered the decree appealed from. Greek, PRESIDENT, furnishes the following statement of the case: In May, 1868, John McClure, administrator of Wm.-M. McClure, filed his bill in the circuit court of Pendleton county, setting…
1Opinion of the Court
Green, PresiueNT,
delivered the opinion of the Court :
The first enquiry presented by this record is, whether the account of Jacob F. Johnson, guardian of Wm. M. McClure, settled on October 2, 1864, by John M. Jones, a commissioner of the county court of Pendleton, and the reports of this commissioner are to be regarded as mere nullities, because, when it was made, Jones was a commissioner of a county court, which recognized the authority of the government of Virginia, at Eichmond, which co-operated with the Confederate government, and be-, cause this commissioner did not recognize the…
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