Auditor of Public Accounts v. Nicholas

File:MunfordsReports1814V2AuditorofPublicAccountsvNicholas.jpg

First page of the opinion Auditor of Public Accounts v. Nicholas, in Reports of Cases Argued and Determined in the Supreme Court of Appeals of Virginia, by William Munford. New York: I. Riley, 1814.

Auditor of Public Accounts v. Nicholas, 16 Va.(2 Munf.) 31 (1811), was a case where the court determined whether the Chancellor could stay a judgment made in a court of law.

Background

Nicholas was a clerk in Dinwiddie county, who was sued by the Auditor of Public Accounts in General Court [court of law]. The Auditor of Public Accounts alleged that on two occasions Nicholas failed to account for and pay taxes he collected in his capacity as clerk. After receiving notice of the first suit against him, Nicholas appeared in court. However, in the second instance, Nicholas failed to appear. In both cases the General Court decreed a judgment against Nicholas for $600 each. To obtain relief from the judgment, Nicolas sued the Auditor of Public Accounts in the High Court of Chancery.

The Court's Decision

On March 12, 1805, Chancellor Wythe stayed the two judgments made from the general court against appellee. The Court of Appeals reversed though Judge Roane stated “It was a hard case.”

See also

• Wythe's Judicial Career