McCandlish v. Commonwealth
Supreme Court of Virginia
Error and supersedeas to judgment of circuit court of Matthews county rendered at its special term in June, 1882, whereby an order of the county court of said county, directing the sheriff thereof to pay Eobert McCandlish $283.75, the net proceeds of the oysters, found on certain vessels seized whilst employed in violating the act of 6th March, 1880 (Acts 1879-80, p. 197), and sold by him, was reversed, and the said sum of money adjudged to belong to the Commonwealth.
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Error and supersedeas to judgment of circuit court of Matthews county rendered at its special term in June, 1882, whereby an order of the county court of said county, directing the sheriff thereof to pay Eobert McCandlish $283.75, the net proceeds of the oysters, found on certain vessels seized whilst employed in violating the act of 6th March, 1880 (Acts 1879-80, p. 197), and sold by him, was reversed, and the said sum of money adjudged to belong to the Commonwealth. To this decree of the circuit court the said Eobert Mc-Candlish obtained from one of the judges of this court a writ of error…
1Opinion of the CourtBurks, J.
At the time of the seizure of the vessels referred to in the cases just decided, there was on board a quantity of oysters, which, it was agreed, should be sold by the sheriff having the vessels in custody, and the net proceeds of sale be held by him subject to the decision of the cases. On the day succeeding this agreement, the captains or masters of the vessels assigned the proceeds of sale to the plaintiff in error, McCandlish, as and for his fee in defending them in the cases mentioned. After judgment on the indictments, McCandlish filed his petition in the county court, which rendered the…
2Cases cited2 opinions
- The SirenSupreme Court of the United States · 1869
- Higginbotham's Ex'x v. CommonwealthSupreme Court of Virginia · 1874
3Cited by9 opinions
- State v. HoggCourt of Appeals of Maryland · 1988
- State v. WeatherbySupreme Court of Missouri · 1939
- Commonwealth v. MisterSupreme Court of Virginia · 1884
- Phippen v. DurhamSupreme Court of Virginia · 1852
- Phippen v. DurhamSupreme Court of Virginia · 1852
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