Hall v. Ratliff

Citations

• 93 Va. 327
• 24 S.E. 1011
• 1896 Va. LEXIS 78

Syllabus

<p>1. Motions—County Treasurer against Deputy and Sureties in County Court —Ten Days’ Notice.—Under the provisions of sections 910 and 912 of the Code a county treasurer may proceed,by motion, upon ten days’ notice, in the County Court, against his deputy and his sureties, for the failure of the deputy to pay over the proceeds of or to account for tax tickets placed in his hands for collection.</p> <p>2. Motions—Proceeding by Treasurer against Deputy—Formal Pleadings Unnecessary.—Upon a proceeding by motion by a treasurer against his deputy and the sureties on his bond, formal pleadings are not required. Any proper defence may be made as well without as with pleas.</p> <p>3. Special Verdicts—What must be Found—Circuit Courts on Error to County Courts should Retain Cause.—In a special verdict all the facts which are necessary to enable the court to determine whether or not the plaintiff is entitled to recover must be found with certainty. A court cannot infer any fact from those found. A verdict which falls short of these requirements, and only responds to certain questions propounded, but does not find all the facts necessary to enable the court to determine from the verdict the rights of the parties, should be set aside. If the case be in a Circuit Court, the Circuit Court should correct the proceedings in the County Court, and retain the case for further proceeding to be had therein, as provided by section 3487 of the Code.</p>