Commonwealth v. Marston's adm'r
Supreme Court of Virginia
The administrator with the will annexed of John Marston deceased, in December 1836, presented a claim to the auditor of public accounts, for about fifteen years half pay, which, as he alleged, had become due to his testator as a lieutenant of the Virginia line on state establishment, under the act of May 1779, ch. 6. 10 Hen. Stat. at large, p. 25. or for commutation of five years full pay, with interest, in lieu of the half pay for life.
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The administrator with the will annexed of John Marston deceased, in December 1836, presented a claim to the auditor of public accounts, for about fifteen years half pay, which, as he alleged, had become due to his testator as a lieutenant of the Virginia line on state establishment, under the act of May 1779, ch. 6. 10 Hen. Stat. at large, p. 25. or for commutation of five years full pay, with interest, in lieu of the half pay for life. The auditor rejected the claim; and the claimant appealed from his decision to the circuit superiour court of Henrico. In. his petition for the appeal, the…
1Opinion of the CourtBrockenbrough, J.
The first question to be decided is one of fact; namely, whether lieutenant John Marston did serve to the end of the war. A great difference of opinion heretofore prevailed between this court on the one side, and chancellor Wythe and the general court on the other, as to the precise period when the war ended within the meaning of the act of May 1779, ch. 6. The latter, held that it terminated at the signature of the preliminary articles of peace in November 1782, but the former decided that the governor’s proclamation of April 22d 1783 fixed the period of its termination. Although the…
2Cases cited2 opinions
- Commonwealth v. Lilly's adm'r.Supreme Court of Virginia · 1830
- Markham's adm'r. v. CommonwealthSupreme Court of Virginia · 1830