Eyre v. Jacob
Supreme Court of Virginia
John Eyre, late of the county of Northampton, departed this life the 19th of June 1857, leaving neither father, mother, wife, brother, sister, or lineal descendant. He left a will, which was duly admitted to probate in the County court of Northampton.
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John Eyre, late of the county of Northampton, departed this life the 19th of June 1857, leaving neither father, mother, wife, brother, sister, or lineal descendant. He left a will, which was duly admitted to probate in the County court of Northampton. By this will the testator made large devises and bequests to his niece, Mrs. Margaret A. Taylor, and to others, and he constituted his grand nephew Severn Eyre his residuary devisee and legatee, and appointed him one of his executors. The whole personal estate of the deceased was assessed by the sheriff of the county at one hundred and five…
1Opinion of the CourtLee, J.
The regularity of the proceeding by injunction in this case although discussed by the counsel for the appellant in his opening argument, was not controverted by the attorney general. He was under*424stood to concede that it is a proper mode by which to test the legality of a levy made by an officer under the supposed authority of a law the constitutionality of which is denied. Upon this point therefore I shall content myself with referring to the cases of Qoddin v. Crump, 8 Leigh 120; and Bull, Sfc. v. Read, 13 Gratt. 78, and authorities there cited. It might perhaps admit of more question…
2Cases cited5 opinions
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- President of the Portland Bank v. ApthorpMassachusetts Supreme Judicial Court · 1815
- Bull v. ReadSupreme Court of Virginia · 1855
- Gilkeson v. Frederick justicesSupreme Court of Virginia · 1856
- Sharpe v. RobertsonSupreme Court of Virginia · 1849
3Cited by58 opinions
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- State v. AlstonTennessee Supreme Court · 1895
- In re the Estate of WilmerdingCalifornia Supreme Court · 1897
- Booth's Exr. v. Commonwealth ex rel Jefferson County Atty.Court of Appeals of Kentucky · 1908
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