County Court v. Duty
West Virginia Supreme Court
Error to Circuit Court, Tyler County. Action by the County Court of Tyler against J. W. Duty and another. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
Williams, Judge:
The county court of Tjder county brought assumpsit against J. W. Duty and Ealph Sweeney, ex-clerk and ex-commissioner, respectively, of said county court, to recover monies paid to said clerk out of the county treasury for services rendered by him in his official capacity, upon alleged unlawful orders therefor, drawn by said Sweeney and his deceased co-commissioners, while members of said county court.
*19A demurrer to the declaration was sustained, and, plaintiff not desiring to amend, its suit was dismissed; and it brings error.
Sweeney is the only surviving commissioner of the…
2Cases cited5 opinions
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- State v. EhrlickWest Virginia Supreme Court · 1909
- People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875
- State ex rel. Grable v. RoderickNebraska Supreme Court · 1889
- County Court of Tyler County v. LongWest Virginia Supreme Court · 1913
3Cited by16 opinions
- Daugherty v. EllisWest Virginia Supreme Court · 1956
- Shipp v. RodesCourt of Appeals of Kentucky · 1922
- Western Auto Supply Co. v. DillardWest Virginia Supreme Court · 1970
- Lawrence v. Montgomery Gas Co.West Virginia Supreme Court · 1921
- McKnight v. PettigrewWest Virginia Supreme Court · 1956
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