State v. Hays
West Virginia Supreme Court
Statement of the case by Woods, Judge : This is an action of debt in the Circuit Court of Gilmer county, in the name of the State of West Virginia, suing for the use of said county, against Samuel L. Hays, its late sheriff, and other defendants, who were his sureties on his official bond, to recover certain moneys alleged to be due the county from Hays, which, as such, sheriff, he received and failed to account for.
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Statement of the case by Woods, Judge : This is an action of debt in the Circuit Court of Gilmer county, in the name of the State of West Virginia, suing for the use of said county, against Samuel L. Hays, its late sheriff, and other defendants, who were his sureties on his official bond, to recover certain moneys alleged to be due the county from Hays, which, as such, sheriff, he received and failed to account for. The' declaration contains a single count, but sets out two breaches of the condition of his official bond, which are in all material points, of the same legal effect. After…
1Concurrence
SeydeR, Judg-e:
I concur in the preceding opinion and the syllabus thereto except so much of the opinion as relates to the jurisdiction of this Court. I think the writ of error was prematurely awarded in this case, and that this Court has no authority to entertain it. I will briefly state my views on this .question.
All judgments and decrees are either final or interlocutory. Final judgments or decrees are such as at once put an end to the action or suit. They are the ultimate and final adjustment of the whole matters in controversy, and put the parties out of court. A verdict, and judgment in…
2Cases cited7 opinions
- Harvey v. BransonSupreme Court of Virginia · 1829
- Battaile v. Maryland Hospital for the InsaneSupreme Court of Virginia · 1881
- Childs v. HurdWest Virginia Supreme Court · 1885
- Hill v. AlsWest Virginia Supreme Court · 1885
- Grymes v. PendletonCourt of Appeals of Virginia · 1797
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