Cronin v. Patrick County
U.S. Circuit Court for the District of Western Virginia
This was an action at law by T. O. Cronin against the county of Patrick, Va., to recover interest on two county bonds constituting part of an issue made by the county in payment of a subscription to the capital stock of the Norfolk & Great Western Railroad Company. There was a plea of non est l'actum, and a special plea setting up fraud and covin, and that plaintiff was not a bona fide holder.
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This was an action at law by T. O. Cronin against the county of Patrick, Va., to recover interest on two county bonds constituting part of an issue made by the county in payment of a subscription to the capital stock of the Norfolk & Great Western Railroad Company. There was a plea of non est l'actum, and a special plea setting up fraud and covin, and that plaintiff was not a bona fide holder. The case was tried to a jury, and the questions discussed in the opinion arose on prayers for instructions. The principal points raised for the defense were tha,t the magistrates who ordered the vote of…
1Opinion of the Court
HUGHES, District Judge.
I do not think the points relied upon by defendant in support of the plea of non est factum can be sustained. The military government of Virginia during the years 1867, 1868, and 1869 was a de facto government, whose acts have been recognized as authoritative in all matters of general administration ever since; and the magistrates appointed by Gen. Canby as commandant of the district were as competent to act for the counties in which they presided as their predecessors had been. Their acts must have been held to have been valid and authoritative.
- As to the question…
2Cases cited14 opinions
- National Bank v. CaseSupreme Court of the United States · 1879
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
- Johnston v. LaflinSupreme Court of the United States · 1881
- Moran v. the Commissioners of Miami CountySupreme Court of the United States · 1863
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