Markham's adm'r. v. Commonwealth
Supreme Court of Virginia
William Duval administrator of James Markham deceased, who was a captain in the state navy of Virginia during the war of the revolution, presented a claim against the commonwealth, to the auditor of public accounts, for the amount of the decedent’s half pay for life, under the acts of assembly of May session 1779, ch. 6. and May 1780, ch. 27. (10 Hen. stat. at large, pp. 25. 298.) or for the commutation of five years full pay. The auditor rejected the claim.
Read the full summary
William Duval administrator of James Markham deceased, who was a captain in the state navy of Virginia during the war of the revolution, presented a claim against the commonwealth, to the auditor of public accounts, for the amount of the decedent’s half pay for life, under the acts of assembly of May session 1779, ch. 6. and May 1780, ch. 27. (10 Hen. stat. at large, pp. 25. 298.) or for the commutation of five years full pay. The auditor rejected the claim. Markham's administrator appealed from his decision, to the circuit court of Henrico, by which it was approved and affirmed; and from…
1Opinion of the CourtGreen, J.
The facts of this case appear to be these: *517James Markham was a captain in the Virginia navy as early as 1779, and continued in actual service until April 1781, when commanding the Tempest, lying in James river, not far below Richmond, his ship was captured, and he taken prisoner, by a detachment of the british army, under the command of general Philips; and he, together with some officers of the Chesterfield militia, and one of his lieutenants, taken prisoners at or about the same time, were paroled on the 28th April 1781. He continued an unexclianged prisoner of war, until the return of…
2Cited by2 opinions
- Tatum's ex'or v. CommonwealthSupreme Court of Virginia · 1837
- Commonwealth v. Marston's adm'rSupreme Court of Virginia · 1837