Legal Opinion

Monteith v. Commonwealth

Supreme Court of Virginia

Decided May 23, 1859PublishedCited by 22 opinions

This was a motion by the commonwealth, in the Circuit court of the city of Eichmond, against James Monteith, sheriff of Stafford county, and twelve others as his sureties, for the recovery of a balance of the land, property and free negro taxes of 1857, due from Monteith. The facts are stated by Judge Allen in his opinion.

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This was a motion by the commonwealth, in the Circuit court of the city of Eichmond, against James Monteith, sheriff of Stafford county, and twelve others as his sureties, for the recovery of a balance of the land, property and free negro taxes of 1857, due from Monteith. The facts are stated by Judge Allen in his opinion. There was a judgment in favor of the commonwealth for seven thousand three hundred and fifty dollars and sixty-one cents, with twelve per cent, interest thereon from the 13th of September 1858 until paid, and one thousand one hundred and two dollars and fifty-nine cents…

1Opinion of the Court

Allen, P.

On the 29th day of April 1858 the auditor of public accounts notified the plaintiff in error, James Monteith, as sheriff of Stafford county, and the other plaintiffs in error as his sureties, that instructions would be given to the attorney general to move against them for the balance of the land, property and free negro taxes of 1857, due from James Monteith, sheriff of Stafford county; also for damages, &c.

The plaintiffs in error appeared, and objected to the legality of the motion, and moved to dismiss it: 1st, because it did not appear from the notice on what bond the motion was…

2Cases cited3 opinions

  1. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  2. Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
  3. Franklin's adm'r v. DepriestSupreme Court of Virginia · 1856

3Cited by22 opinions

  1. Stowers v. BlackburnWest Virginia Supreme Court · 1955
  2. Board of Education v. ParsonsWest Virginia Supreme Court · 1883
  3. Findley v. FindleyWest Virginia Supreme Court · 1896
  4. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  5. Gibson v. BeckhamSupreme Court of Virginia · 1862

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