Commonwealth v. Dunlop

Citations

• 89 Va. 431
• 16 S.E. 273
• 1892 Va. LEXIS 117

Syllabus

<p>1. State Bond»—Genuineness.—It is a rule of evidence that the courts of a state take judicial notice of its seals, and of the signatures of the heads of departments. 2Cor will it be supposed, without proof, that any particular seal is counterfeit or irregularly attached.</p> <p>2. Idem—Burden of proof.—Under Code, § 412, the burden of disproving the genuineness of the bonds of the state is upon the commonwealth-</p> <p>3. The State—Suits—Tax-payer—Rule.—When the sovereign consents to be sued, the terms and conditions upon which such consent is given must be observed, and the tax-payer, whose tender of coupons is refused, and who brings his suit, must, as required by those conditions, produce at the trial the bonds from which the coupons were cut.</p> <p>4. Idem—Cases compared and distinguished.-—The case of McGahey v. Virginia, 135 U. S., p. 662, differs from the case at bar, that suit being by the state against the tax-payer, whilst this case is a suit by the taxpayer against the state.</p>