Legal Opinion

State v. Stewart

General Court of Virginia

Decided October 15, 1799PublishedCited by 2 opinions

Assumpsit for money had and received. The action was entered at the time it was brought, « at the instance and for the use of William Hall, 3d, and others, commissioners for building a new prison in the city of Annapolis;” but at the trial of the cause this entry was stricken out by the counsel for the plaintiff.

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Assumpsit for money had and received. The action was entered at the time it was brought, « at the instance and for the use of William Hall, 3d, and others, commissioners for building a new prison in the city of Annapolis;” but at the trial of the cause this entry was stricken out by the counsel for the plaintiff. The counsel for the plaintiff, at the trial, offered evidence to the jury to prove, that the defendant was, at an adjourned court held in November 1787, in and for AnneArundel county, appointed, by the justices there met to assess the county charges, collector of the said county…

1Opinion of the Court

Chase, Ch. J.(a) The court are of opinion, that the evidence offered is not competent to support this action in the name of the state of Maryland, and direct the jury to find a verdict for the defendant.

The plaintiff excepted. Verdict for the defendant.

Duvall, J. concurring.

2Cited by2 opinions

  1. O'Neal v. Board of School CommissionersCourt of Appeals of Maryland · 1867
  2. State v. GrayBaltimore City Circuit Court · 1901

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