Sch. Bd. Of Albemarle County v. Farish 1

Decision Date30 September 1895
Citation92 Va. 156,23 S.E. 221
PartiesSCHOOL BOARD OF ALBEMARLE COUNTY v. FARISH et al.1
CourtVirginia Supreme Court

Bill for Accounting—Multifariousness.

A bill alleged the occupancy of the office of county treasurer by a decedent for 20 years; that he had collected money for school and other purposes, and failed to account for the same; that he had given a large number of surety bonds; and that he died, leaving personal property insufficient to pay his debts. The bill asked that his administrator and the sureties on his bonds be made parties defendant, and prayed that said treasurer's estate be settled under order of court, that proper accounts be taken, and that a decree be rendered against said estate and the several sureties for the amounts due by them. Held not multifarious.

Appeal from circuit court, Albemarle county; D. A. Grimsley, Judge.

Action by the county school board of Albemarle county against the administrator of A. J. Farish and others. Judgment for defendants on demurrer", and plaintiff appeals. Reversed.

M. Woods, Dan'l Harmon, and John B. Moon, for appellant.

Duke & Duke and George Perkins, for appellees.

HARRISON, J. This is an appeal from a decree of the circuit court of Albemarle county, entered at its May term, 1895, dismissing, on demurrer, the original and amended bills filed by the appellant, for multifariousness.

These bills were filed by the county school board of Albemarle county, alleging that A. J. Farish had been treasurer of Albemarle county, by virtue of successive elections, for a period of 20 years; that after each election he qualified, and gave bond with sureties, as required by law; that the said Farish had failed to account for more than $25,000 belonging to the county school fund, which he had received as treasurer, and that, in addition to this, he was largely indebted on account of the district school tax collected by him during the time mentioned; that it was the duty of the appellant, under express provision of the statute, to institute all necessary proceedings to secure a settlement of the accounts of the treasurer, and to compel the payment of any balance that might remain in his hands; that it was impossible to have a full and clear exhibit of these various transactions in connection with the receipt and disbursement of these public school funds, so as to ascertain the balance due, and to compel its payment, without the aid of a court of equity.

It is further alleged that A. J. Farish had departed this life, leaving only certain personal property, which was insufficient to pay his debts. The appellant then asks that the administrator of A. J. Farish and the sureties on his official bonds be made parties defendant, and prays that the estate of A. J. Farish may be settled under the orders of the court, that all other necessary and proper accounts may be taken, and that the complainant may have a decree against the estate of A. J. Farish and the sureties on his several bonds...

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18 cases
  • Wheeling Ice & Storage Co v. Conner
    • United States
    • West Virginia Supreme Court
    • December 11, 1906
    ...questions involved in this suit can be submitted and adjudicated more conveniently in this suit than in any other way. In School Board v. Farish (Va.) 23 S. E. 221, where a county treasurer who had occupied the office for 20 years and had collected money for school and other purposes, faile......
  • Wheeling Ice & Storage Co. v. Conner
    • United States
    • West Virginia Supreme Court
    • December 11, 1906
    ...questions involved in this suit can be submitted and adjudicated more conveniently in this suit than in any other way. In School Board v. Farish (Va.) 23 S.E. 221, where a county treasurer who had occupied the office for years and had collected money for school and other purposes, failed to......
  • Johnson v. Black
    • United States
    • Virginia Supreme Court
    • January 26, 1905
    ...convenience to all parties, and will not unreasonably overlook or obstruct the material interests of any. In the case of School Board v. Farish, 92 Va. 160, 23 S. E. 221, this court said: "Courts, in dealing with this question, look particularly to convenience in the administration of justi......
  • Town of Manchester v. Town of Townshend
    • United States
    • Vermont Supreme Court
    • May 4, 1937
    ... ...          1 ... Under the provisions of P. L. 1602, that the Uniform ... Term, 1936, Bennington County, Cleary, J., presiding ... Demurrers overruled. The ... 835; Love ... v. Keowne, 58 Tex. 191; Albemarle County School ... Board v. Farish's Admr., 92 Va. 156, 23 ... ...
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