Cahoon v. McCulloch
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county, rendered October 23, 1894. This was a proceeding by notice, in the name of the Commonwealth of Yirginia, suing at the relation of M. S. Cahoon, treasurer of Botetourt county, for the use and benefit of said county, against E. J. McCulloch, late treasurer of Botetourt county, and the sureties on his official bond as such treasurer.
1Opinion of the CourtRiely, J.
The treasurer of Botetourt county proceeded, by motion in the County Court against his predecessor in office and the sureties on his official bond, to recover judgment against him and them for the amount he owed on account of county levies, and which it was his duty to pay over to his successor in office. Upon the hearing of the motion, at the May term, 1891, of the court, the late treasurer, E. J. McCulloch, confessed a judgment in open court for the sum of money claimed in the notice; and, at the instance of his sureties, the motion was continued as to them to the next term. Upon the trial…
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