Ashby v. Bell's Adm'r
Supreme Court of Virginia
Appeal from decree of circuit court of Clarke county, pro-nomiced October 9tli, 1884, in tbe chancery canse of E. Bell’s administrator against Jonas P. Bell’s administrator and others. The bill was filed at the July rules, 1880, by the administrator of Emily Bell, deceased, who is the appellee here, against "Washington Eerguson, late sheriff of Clarke county, and as such, committee administrator of Jonas P. Bell, deceased, and the sureties on his official bond.
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Appeal from decree of circuit court of Clarke county, pro-nomiced October 9tli, 1884, in tbe chancery canse of E. Bell’s administrator against Jonas P. Bell’s administrator and others. The bill was filed at the July rules, 1880, by the administrator of Emily Bell, deceased, who is the appellee here, against "Washington Eerguson, late sheriff of Clarke county, and as such, committee administrator of Jonas P. Bell, deceased, and the sureties on his official bond. The claim asserted in the bill was, that at the death of the said Jonas P. Bell, which occurred during the late war, he was indebted…
1Opinion of the Court
Lewis, P.,
after stating the case, delivered tbe opinion of the court.
It is clear that, inasmuch as there was no exception taken by the appellant in the lower court to the commissioner’s report, the asserted claim must be held to be established as for rent due the estate of the plaintiff’s intestate, and that the decree must be affirmed, unless on other grounds the contention of the appellant is well founded.' For it is settled by repeated decisions of this court, that commissioners’ “reports not excepted to, cannot be impeached before an appellate court in relation to matters which may he…
2Cases cited4 opinions
- Peters v. Neville's trusteeSupreme Court of Virginia · 1875
- Franklin's adm'r v. DepriestSupreme Court of Virginia · 1856
- Sharpe's Ex'or v. RockwoodSupreme Court of Virginia · 1883
- Smith v. HutchinsonSupreme Court of Virginia · 1884
3Cited by18 opinions
- Shipman v. FletcherSupreme Court of Virginia · 1895
- Findley v. CunninghamWest Virginia Supreme Court · 1903
- Echols's Ex'or v. BrennanSupreme Court of Virginia · 1901
- Terry v. Fontaine's Adm'rSupreme Court of Virginia · 1887
- Saunders v. Griggs' Adm'rSupreme Court of Virginia · 1886
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