Allen v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of city of Richmond, rendered November 26th., 1886, in an action of debt, wherein the Commonwealth of Virginia was the plaintiff, and S. Brown Allen, John E. Hamilton, H. A. S. Hamilton, Robert-S. Hamilton, John H. English, E. A. Fulcher, and Bobert S. Harnsberger were defendants.
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Error to judgment of circuit court of city of Richmond, rendered November 26th., 1886, in an action of debt, wherein the Commonwealth of Virginia was the plaintiff, and S. Brown Allen, John E. Hamilton, H. A. S. Hamilton, Robert-S. Hamilton, John H. English, E. A. Fulcher, and Bobert S. Harnsberger were defendants. Verdict was for plaintiff for $4,494.90, with interest, subject to demurrer to the evidence; which demurrer the court overruled and entered judgment according to the verdict. The defendants excepted, and obtained a writ of error and supersedeas. Opinion states the case.
1Opinion of the CourtLacy, J.
The action was instituted in August, 1884, by the Commonwealth against the plaintiff in error, late auditor of public accounts of the State, and his sureties, upon his official bond, for alleged default of the said plaintiff in error as auditor in paying John E. Hamilton, treasurer of Augusta county, by his warrant, on the treasury of the State, for $3,399.93 commissions on $16,999.68, the amount of the taxes assessed against the Chesapeake & Ohio Bail-way Company, when by law the sum paid should have been $424.99; and in paying to the said Hamilton $1,737.09-commissions on taxes assessed…
2Cases cited2 opinions
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