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…
1Opinion of the Court
Woods, Judge:
To the foregoing judgment, four grounds of error are assigned, — (1.) In overruling the demurrer to the declaration. (2.) In rendering against the defendants the judgment of $1,000. (3.) In overruling their motion to continue the cause as to said $1,000. (4.) In rendering judgment without evidence upon inspection of the declaration and statement of set-offs, and affidavit of the defendant Hays.
The first question presented for consideration is whether this Court has jurisdiction to review by writ of error the judgment complained of. If this judgment is not a final judgment, within…
2Cases cited4 opinions
- Board of Education v. ParsonsWest Virginia Supreme Court · 1883
- Hoffman v. BircherWest Virginia Supreme Court · 1883
- Snyder v. SnyderWest Virginia Supreme Court · 1876
- Board of Education v. ParsonsWest Virginia Supreme Court · 1883
3Cited by14 opinions
- Town of Cameron v. HicksWest Virginia Supreme Court · 1909
- Poling v. MaddoxWest Virginia Supreme Court · 1896
- State ex rel. Kloak Bros. & Co. v. CorvinWest Virginia Supreme Court · 1902
- State v. MyersWest Virginia Supreme Court · 1914
- Altizer v. BuskirkWest Virginia Supreme Court · 1897
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