Commonwealth v. Holmes
Supreme Court of Virginia
John Q. A. Barham, who had been appointed collector of the township of Berlin and Ivor, in the county of Southampton, having been required to give a new bond, he, with Peter J. Holmes, executed their bond, bearing date the 18th of September 1871, in the penalty of 82,000; with condition reciting the fact that said Barham has been required to give a new bond as such collector, and says, “Now if the said John Q. A. Barham shall faithfully discharge the duties of said office…
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John Q. A. Barham, who had been appointed collector of the township of Berlin and Ivor, in the county of Southampton, having been required to give a new bond, he, with Peter J. Holmes, executed their bond, bearing date the 18th of September 1871, in the penalty of 82,000; with condition reciting the fact that said Barham has been required to give a new bond as such collector, and says, “Now if the said John Q. A. Barham shall faithfully discharge the duties of said office according to law, then the above Obligation to be void, else to remain in full force and virtue.1 ’ In June 1873, James M.…
1Opinion of the Court
*BOUI/DIN, J.,
delivered the opinion of the court.
The appellee, Holmes, was surety for one Barham, who qualified as collector of Berlin and Ivor township, in Southampton county, for the year commencing July 1, 1871, and ending July 1, 1872. At the time of Barham’s qualification, and when he gave the bond with Holmes as surety (which was a new bond required by the County court), the taxes for that jrear went into the hands of the collector on the 1st of September 1871, and were to be accounted for to the county treasurer on the first of December following, and for default of duty in this…
2Cases cited3 opinions
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- Board of Supervisors of Monroe Co. v. . ClarkNew York Court of Appeals · 1883
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- Loving v. Auditor of Public AccountsSupreme Court of Virginia · 1882
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