Farmers Bank v. McGavock

Citations

• 119 Va. 510
• 89 S.E. 949
• 1916 Va. LEXIS 126

Syllabus

<p>1. Constitutional Law—Attestation of Writs—Statutes.—A summons which concludes ‘.‘Witness, James Rider, clerk of said court at the court house, the 14th day of January, 1896, in the 120th year of the Commonwealth. Jos. C. Cassell, Dep. Clerk” is sufficiently attested by the clerk, within the meaning of the constitutional requirement that writs shall “be attested by the clerks of the several courts.”</p> <p>2. Clbhks—Powers of Deputy—Constitutional Law—Statutes.—Section 817 of the Code empowering deputy clerks to discharge any of the official duties of their principals unless expressly forbidden by law does not contravene section 26 of the Constitution of this State, and is a valid enactment. Neither the Constitution nor the statute expressly forbids a deputy clerk to discharge the official duty imposed upon his principal in the matter of attesting writs that emanate from his office.</p> <p>3. Statutes—Practical Construction—Appeal and Error.—Where the construction of a statute is doubtful, this court would not feel justified in over-ruling the practical construction placed thereon by the administrative officers of the Commonwealth for generations, and impose upon the public the evils that would flow from such ruling.</p>