State ex rel. Board of Education v. Brookover
West Virginia Supreme Court
GbeeN, Judoe, furnishes the following statement of the case: This was an action of debt brought in the circuit court of "Wetzel county in the name of the State oí West Virginia sueing for the use of the Board ot Education of Proctor district in Wetzel county against A. P. Brookover and his sureties in his official bond as sheriff of Wetzel county. The declaration was in the usual form and alleged certain breaches of the condition of the bond not necessary to be stated.
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GbeeN, Judoe, furnishes the following statement of the case: This was an action of debt brought in the circuit court of "Wetzel county in the name of the State oí West Virginia sueing for the use of the Board ot Education of Proctor district in Wetzel county against A. P. Brookover and his sureties in his official bond as sheriff of Wetzel county. The declaration was in the usual form and alleged certain breaches of the condition of the bond not necessary to be stated. The defendants as a matter of form, I presume, demurred to the declaration. They alleged no grounds of demurrer in the court…
1Opinion of the Court
GkeeN, Judge:
The orders of reference in this case were made under section 6 of chapter 138 of Acts of 1872-3, passed November *21725, 1873, ancl which were in force, when these orders were made in 1879 and 1880. (See Acts of 1872-1873 p. 459.) This section is as follows: “ At law in any case, where it may be deemed necessary, the court may direct any such commissioner or other competent person, either before or at the time of trial, to audit, and strike balances, which commissioner or other person shall be allowed for such services the same pay, that would be allowed a commissioner for similar…
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