M'Dowell v. Burwell's Administrator
Court of Appeals of Virginia
This was an appeal from the Superior Court of Law for Henrico county. John M’Dowell, surviving partner of John M’Dowell fy Co. brought an action of debt, in the name of the Governor, on the official bond of Peter B. Whiting, Sheriff of Gloucester county, against John H. Blair, administrator of Nathaniel Burwell, deceased, which said Nathaniel was a surety of the said Whiting, in the bond aforesaid.
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This was an appeal from the Superior Court of Law for Henrico county. John M’Dowell, surviving partner of John M’Dowell fy Co. brought an action of debt, in the name of the Governor, on the official bond of Peter B. Whiting, Sheriff of Gloucester county, against John H. Blair, administrator of Nathaniel Burwell, deceased, which said Nathaniel was a surety of the said Whiting, in the bond aforesaid. The following opinion will give a full view of all the proceedings in the cause, and the principles involved in it
1Opinion of the Court
Judge Green
delivered his opinion.
This is an action in the name of the Governor, at the relation of the appellant, upon the official bond of P. B. Whiting, Sheriff of Gloucester, against the appellee, the administrator of one of the sureties. The bond bears date January 2d, 1797; and one of its conditions is, that if P. B. Whiting should “ well and truly execute and due return make of all process and precepts to him directed, and in all things shall truly and faithfully perform and execute the said office of Sheriff during the term of his continuance therein, then the aforesaid obligation to…
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