Penn v. Ingles
Supreme Court of Virginia
Appeal from decree of corporation court of city of Danville,, rendered February 14th, 1884, in the chancery cause of Thomas G. Penn v. C. H. Ingles and als., therein pending. The appellee, Ingles, was county treasurer of Henry county from the year 1873 to 1881, inclusive. The appellant, Geo. R. Hairston, served for several years of that time as one of his deputies, the appellant, Penn, being one of the sureties on the official bond of.
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Appeal from decree of corporation court of city of Danville,, rendered February 14th, 1884, in the chancery cause of Thomas G. Penn v. C. H. Ingles and als., therein pending. The appellee, Ingles, was county treasurer of Henry county from the year 1873 to 1881, inclusive. The appellant, Geo. R. Hairston, served for several years of that time as one of his deputies, the appellant, Penn, being one of the sureties on the official bond of. Hairston, which was executed in December, 1876. The statute authorizes the appointment of deputy treasurers, but does not prescribe tbe term for which such…
1Opinion of the Court
Lewis, P.
(after stating the facts), delivered the opinion of the court.
The demurrer was doubtless sustained because, in the opin7 ion of the lower court, the remedy at law is adequate and complete for the attainment of justice between the parties. And there is no doubt that, so far as it relates to the period of time covered by Hairston’s official bond, the defence of the sureties can be made as fully at law as in a court of equity. Commonwealth v. Fairfax and others, 4 H. & M. 208. Hence, if the case here rested on that point alone, the decree complained of would be unobjectionable.
Nor is…
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