Woodyard v. Sayre
West Virginia Supreme Court
Appeal from Circuit Court, Wirt County. Proceeding by William Woodyard, administrator, against Lizzie Sayre and: others, and from a decree therein the defendant United States Fidelity & Guaranty Company appeals.
1Opinion of the Court
Miller, Judge:
Two questions áre presented by this appeal: The first is whether the State by prerogative right, if not by statute, is entitled to preference and priority over general creditors, not lien creditors, for state, county and other taxes collected and not accounted for, out of the estate of a deceased defaulting sheriff. And if so, second, whether the surety on the official bond of such sheriff, on discharging his liability to the State on such bond, is entitled by subrogation to the rights of the State, and to be paid according to such priority out of the estate of such officer when…
2Cases cited17 opinions
- Dollar Savings Bank v. United StatesSupreme Court of the United States · 1874
- Lewis v. United StatesSupreme Court of the United States · 1876
- Marshall v. New YorkSupreme Court of the United States · 1920
- Guarantee Title & Trust Co. v. Title Guaranty & Surety Co.Supreme Court of the United States · 1912
- United States v. HerronSupreme Court of the United States · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- State ex rel. Rankin v. Madison State BankMontana Supreme Court · 1923
- Montgomery v. StateSupreme Court of Alabama · 1934
- Moran v. Leccony Smokeless Coal Co.West Virginia Supreme Court · 1940
- Camden v. Fink Coal & Coke Co.West Virginia Supreme Court · 1928
16 more not listed; retrieve them via the Exa API.