Stewart & Palmer v. Thornton
Supreme Court of Virginia
The whole question in this case decided by this court was, whether the appellants were authorized to bring the suit in their names. It was a bill filed in the circuit court of Fauquier county, brought by W. W. Thornton and eighteen other persons, in which they state that they constitute the county school board of the county of Prince William, with Wm.
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The whole question in this case decided by this court was, whether the appellants were authorized to bring the suit in their names. It was a bill filed in the circuit court of Fauquier county, brought by W. W. Thornton and eighteen other persons, in which they state that they constitute the county school board of the county of Prince William, with Wm. W. Thornton as its president, and they seek to subject a tract of land in the county of Fauquier, now owned by the defendants Stewart & Palmer, to satisfy the interest on a sum of money bequeathed some time previous to the year 1790, by Samuel…
1Opinion of the CourtBurks, J.
If this is to be considered as a suit by the appellees, W. W- Thornton and others, individually, it cannot be maintained. The whole record shows that they have no such interest, legal or equitable, in the subject matter of controversy as entitles them to the relief prayed. If there be any person or persons entitled to such relief on the case presented, it is not the appellees, but “ the county school board of Prince William county.” This board is duly incorporated by an act of the general assembly, which provides that “ the connty superintendents of schools of each county of the State, or, in…
2Cases cited2 opinions
- Sillings v. BumgardnerSupreme Court of Virginia · 1852
- Porter v. NekervisCourt of Appeals of Virginia · 1826
3Cited by8 opinions
- Smith v. CorneliusWest Virginia Supreme Court · 1895
- Kirby v. GilliamSupreme Court of Virginia · 1943
- Peoples Pleasure Park Co. v. RohlederSupreme Court of Virginia · 1909
- Manly Manufacturing Co. v. BroaddusSupreme Court of Virginia · 1897
- Stout v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1908
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