Nebergall v. Tyree
West Virginia Supreme Court
William Tyree was deputy sheriff for Edward D. Vandall, sheriff of Fayette county in 1851. As such deputy he collected the amount of an execution in a cause of Wilson vs. Landeraft et al. At the September term, 1851, of the circuit court of that county, Wilson obtained judgment, on motion, against Tyree, (he having failed to pay over the money collected by him,) and others, including Jacob Nebergall, as sureties for Vandcdl, he having moved from the State.
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William Tyree was deputy sheriff for Edward D. Vandall, sheriff of Fayette county in 1851. As such deputy he collected the amount of an execution in a cause of Wilson vs. Landeraft et al. At the September term, 1851, of the circuit court of that county, Wilson obtained judgment, on motion, against Tyree, (he having failed to pay over the money collected by him,) and others, including Jacob Nebergall, as sureties for Vandcdl, he having moved from the State. In 1858, Nebergall sued Tyree for the amount of the judgment obtained by Wilson.' On the trial he proved the facts as above stated and…
1Opinion of the CourtMaxwell, J.
The only question arising on the record of this case is whether or not the instructions given by the court to the jury at the instance of the defendant were correct.
The facts certified as proved to the jury were that Van-dall was sheriff of Fayette county and the defendant, Tyree, his deputy; that the plaintiff and defendant were securities in his official bond as such sheriff; that the defendant as such deputy collected the amount of an execution in favor of Wilson against Landeraft and others, which he failed to pay over to the creditor; that the securities in the aforesaid official bofid…
2Cited by2 opinions
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