Monroe v. Webb's Executors
Supreme Court of Virginia
THIS was an action upon the case, in behalf of the Eocecutors of Charles Webb, deceased, against Joseph Jones Monroe, clerk of the District Court of Northumberland, for misconduct in office, to the injury of the testator of the plaintiff, in his lifetime.
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THIS was an action upon the case, in behalf of the Eocecutors of Charles Webb, deceased, against Joseph Jones Monroe, clerk of the District Court of Northumberland, for misconduct in office, to the injury of the testator of the plaintiff, in his lifetime. The declaration contained a charge, that a judgment was obtained by the testator in the said District ,, , . . Court, against James Williams, administrator of Le roy Peachey, and execution issued thereon from the Clerk’s Office, on which execution two endorsements in writing, were made by the said clerk himself, or by his privity or consent,…
1Opinion of the Court
The president pronounced the court’s opinion, that the judgment was erroneous in this, that no cause of action was charged in the declaration against the defendant; it not being averred that he, as clerk of the said court, made the endorsements on the execution in t’ne proceedings mentioned, without the order or co?isent oh *76the testator of the plaintiffs, nor that the endorsements were made by direction of the defendant.
Original judgment reversed, and entered in favour of the plaintiff in error.
The writ of supersedeas to the judgment on the forthcoming bond was dismissed, as being…
2Cited by4 opinions
- Vanscoy v. StinchcombWest Virginia Supreme Court · 1886
- Laidley's Adm'rs v. Bright's Adm'rWest Virginia Supreme Court · 1881
- Hopkins v. PrichardWest Virginia Supreme Court · 1906
- Spencer v. PilcherSupreme Court of Virginia · 1839