Legal Opinion

State v. McDermitt

West Virginia Supreme Court

Decided April 15, 1913Published

Error to Circuit Court, Mason County. Action by the State, for use of the County Court of Mason County, against J. 0. McDermitt, Sheriff, and others. Judgment for defendants, and plaintiff brings error.

1Opinion of the Court

Miller, Judge:

This is an action for the use of the county court of Mason County, against McDermitt, late sheriff, and the sureties on his official bond, to recover $37,585.05, alleged to be due the county from McDermitt on settlement.

By agreement of the parties the case was referred to a commissioner to state an account, and. such an account was- stated, in. two ways, on the different theories of the parties. On the theory that all payments, aggregating $29,535.26, made by Mc-Dermitt to Austin, his successor, were properly applicable on McDermitffs indebtedness to the county court, the…

2Cases cited1 opinion

  1. State v. KeadleWest Virginia Supreme Court · 1908

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