Ex parte Clarke

General Court of Virginia

Ex parte Clarke

2 Va. 230

DecidedNovember 15, 1820

StatusPublished

This text of 2 Va. 230 (Ex parte Clarke) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Clarke, 2 Va. 230 (Va. Super. Ct. 1820).

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Opinion

*The Court were of opinion, that although the present applicant might have been appointed, together with Eyle, at the time the executor was removed from the office, yet it was now too late : the authority granted to the Court to substitute an administrator in the place of the executor, has been already exercised; it is functus officio, and (no objection having been made to the present administrator), this Eaw does not give the Court the power to appoint another administrator, or associate another with the present.

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*The Court were of opinion, that although the present applicant might have been appointed, together with Eyle, at the time the executor was removed from the office, yet it was now too late : the authority granted to the Court to substitute an administrator in the place of the executor, has been already exercised; it is functus officio, and (no objection having been made to the present administrator), this Eaw does not give the Court the power to appoint another administrator, or associate another with the present.

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Bluebook (online)

2 Va. 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-clarke-vagensess-1820.