Legal Opinion

Gaskins v. Commonwealth

Court of Appeals of Virginia

Decided October 21, 1797PublishedCited by 18 opinions

These were writs of supersedeas to foul- judgments of the General Court, two in the year 1786, and the other two in the year 1788, upon the following cases: ■ Gaskins was Sheriff of Northumberland, for the year 1785, and did not pay the amount of the taxes due into the treasury, within the time prescribed by law.

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These were writs of supersedeas to foul- judgments of the General Court, two in the year 1786, and the other two in the year 1788, upon the following cases: ■ Gaskins was Sheriff of Northumberland, for the year 1785, and did not pay the amount of the taxes due into the treasury, within the time prescribed by law. For default of which, motions were made, and the judgments aforesaid obtained on behalf of the Commonwealth, for the principal and damages with interest on both, from a date anterior to the rendition of the judgments. The error assigned was, “ that interest was directed to be…

1Opinion of the Court

PENDLETON, President.

It can never be necessary to labor that point. It is clear, that interest was not recoverable till the rendition of the judgment.

Upon a succeeding day of the term, the Court delivered their opinion to the following effect.

*170ROANE, Judge.

These cases will go off, in my opinion, on this point, whether the writs of supersedeas did not improvidently and irregularly issue, as being beyond the limitation prescribed by law in such cases?

The judgments were all of them rendered in the General Court, prior to the commencement of the operation of the District Court law of 1788; [c. 67,…

2Cited by18 opinions

  1. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  2. Day v. PickettSupreme Court of Virginia · 1813
  3. Martindale v. MooreIndiana Supreme Court · 1833
  4. Day v. PickettSupreme Court of Virginia · 1813
  5. Fisher's v. DuncanSupreme Court of Virginia · 1807

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