Legal Opinion

Meze v. Howver

Supreme Court of Virginia

Decided October 15, 1829PublishedCited by 5 opinions

Mays & M’Clung recovered judgement against Meze, in the circuit court of Greenbrier, and thereupon sued out a fieri facias, on which they indorsed, that the judgment and execution were for the benefit of Howver. The sheriff levied the execution on the defendant’s property, and took a forthcoming bond from him, payable, not to the plaintiffs Mays & M’Clung, but to Howver.

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Mays & M’Clung recovered judgement against Meze, in the circuit court of Greenbrier, and thereupon sued out a fieri facias, on which they indorsed, that the judgment and execution were for the benefit of Howver. The sheriff levied the execution on the defendant’s property, and took a forthcoming bond from him, payable, not to the plaintiffs Mays & M’Clung, but to Howver. The bond was forfeited: and Howver moved the circuit court, in his own name, for judgment and award of execution upon it; and the court awarded execution accordingly. Meze applied to this court for a supersedeas, which was…

1Per curiam

The statute first provides, that all persons who recover judgment in any court of record, may, at their election, prosecute writs of fieri facias &c. and then, that if the owner of the goods (taken on a fi. fa.) shall give sufficient security to the sheriff to have the goods forthcoming at the day of sale, it shall be lawful for the sheriff to take a bond from the debtor and sureties, payable to the creditor, reciting &c. The creditor to whom the bond is to be made *443payable, is the person entitled to sue out the execution; the plaintiff on the record. No other person can be known to the…

2Cited by5 opinions

  1. Hall v. WadsworthWest Virginia Supreme Court · 1891
  2. Waterman v. FrankSupreme Court of Missouri · 1855
  3. Paine v. TutwilerSupreme Court of Virginia · 1876
  4. Paine v. TutwilerSupreme Court of Virginia · 1876
  5. Paine v. TutwilerSupreme Court of Virginia · 1876

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