Porter's Ex'rs v. Daniels
West Virginia Supreme Court
Two actions of debt were pending in the circuit court of Jefferson county, in which C. C. Porter’s executors were plaintiffs, and Benjamin F. Daniels, William B. Daniels and Dennis M. Daniels were defendants, in each of which judgments were rendered against said defendants on the 28th April 1875. To each of these judgments a supersedeas was allowed; and the cases were heard together in this Court.
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Two actions of debt were pending in the circuit court of Jefferson county, in which C. C. Porter’s executors were plaintiffs, and Benjamin F. Daniels, William B. Daniels and Dennis M. Daniels were defendants, in each of which judgments were rendered against said defendants on the 28th April 1875. To each of these judgments a supersedeas was allowed; and the cases were heard together in this Court. The Hon. John Blair Hoge, Judge of the third judicial circuit, rendered the judgments below. The following statement of the cases was prepared by GreeN, PRESIDENT, who delivered the opinion of the…
1Opinion of the Court
Green, President,
delivered the opinion of the Court:
The first question presented by these cases is, admitting, for the sake of argument, that the ordinance of the Virginia Convention, under which the bonds sued upon were taken was null and void : were the bonds valid as common law bonds. The mere fact, that a bond not authorized by law has been taken by an officer, does not render such bond invalid at common law. Such bonds have been frequently held void at common law, but wherever so held, it has been not simply because taken by an officer without authority, but for other and sufficient…
2Cases cited8 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Penter v. Staight & BeaversWashington Supreme Court · 1890
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Byers v. State ex rel. HutchisonIndiana Supreme Court · 1863
- Cassel v. ScottIndiana Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Central Banking & Security Co. v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1913
- Boerner v. McCallisterSupreme Court of Virginia · 1955
- State ex rel. v. PurcellWest Virginia Supreme Court · 1888
- Morgan v. HaleWest Virginia Supreme Court · 1878
- Oates v. OatesWest Virginia Supreme Court · 1945
5 more not listed; retrieve them via the Exa API.