Austin v. Richardson
Supreme Court of Virginia
At the January term of the county court of Hanover for the year 1801, Samuel Richardson jr. was appointed guardian of Simeon, and Constance Austin. The entry on the record, which was proved to he in the form usually employed in that court, was as follows: “ Samuel Richardson jr. is appointed guardian to Simeon and Constance Austin, bond acknowledged, and ordered to be recorded.”
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At the January term of the county court of Hanover for the year 1801, Samuel Richardson jr. was appointed guardian of Simeon, and Constance Austin. The entry on the record, which was proved to he in the form usually employed in that court, was as follows: “ Samuel Richardson jr. is appointed guardian to Simeon and Constance Austin, bond acknowledged, and ordered to be recorded.” The bond was executed by Richardson, and Bathurst Jones, and Nathaniel C. Lipscomb, as his sureties, to John Browne, John Bowe, Nelson Berkeley, and Henry Robinson, as the justices constituting the court, and is blank…
1Opinion of the CourtBaldwin, J.
This, it seems to me, as regards the justices, is an action of trespass on the case, brought in a court of equity, to recover damages for a misfeasance in office. It is founded upon no contract of theirs, express or implied, nor upon any benefit or consideration which has enured to them; but seeks to subject them to a loss occasioned, as is alleged, by their official misconduct. The demand of the plaintiffs against the justices was for a retribution altogether uncertain, depending as it did, in the first place, upon the uncertain extent of the malversations, delinquencies and devastavits of…
2Cited by12 opinions
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- Osborne v. Taylor's adm'rSupreme Court of Virginia · 1855
- Allen v. CommonwealthSupreme Court of Virginia · 1886
- Hunter v. HumphreysSupreme Court of Virginia · 1858
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