Legal Opinion

Commonwealth v. Pierce's Administrator

Court of Appeals of Virginia

Decided August 5, 1826PublishedCited by 6 opinions

The administrator de bonis non of Thomas Pierce, de» ceased, presented to the Executive a cfemand of his intestate, for the liquidation and payment of a claim against the State, for the-passage of certain companies of militia, during the late war, over a tp] ¡-bridge belonging to the intestate. The amount demanded was $317 45 cents, being the sum due at the legal rate of tolls.

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The administrator de bonis non of Thomas Pierce, de» ceased, presented to the Executive a cfemand of his intestate, for the liquidation and payment of a claim against the State, for the-passage of certain companies of militia, during the late war, over a tp] ¡-bridge belonging to the intestate. The amount demanded was $317 45 cents, being the sum due at the legal rate of tolls. The Executive referred these accounts to the military accountant, who rejected all but a balance of $79 52 cents, for which the Governor gave an order to the Auditor of public accounts to issue a warrant on the…

1Opinion of the Court

Judge Green

delivered the opinion of the Court.*

From ease agreed, it appears that in 1813 and 1814, many companies of militia in the service of the Commonwealth passed over a bridge belonging to the intestate of the appellee, which was established, and the rates of toll fixed, by an act of Assembly. The tolls for the-passage of these troops, at the legal rate, amounted to % 317 45 cents. The intestate, in 1816, applied to the Executive for the payment of this account. They referred the accounts to the military accountant, and he allowed only $ 79 52 cents, as due upon them; for which the…

2Cited by6 opinions

  1. Dr. William E.S. Flory Small Business Development Center, Inc. v. CommonwealthSupreme Court of Virginia · 2001
  2. State v. WadeWest Virginia Supreme Court · 1879
  3. XL Specialty Insurance Company v. Commonwealth of Virginia, Department of TransportationCourt of Appeals of Virginia · 2006
  4. DR. WILLIAM ES FLORY v. Com.Supreme Court of Virginia · 2001
  5. Hunt's Adm'r v. Martin's Adm'rSupreme Court of Virginia · 1852

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