Dunlop & Co. v. Keith
Supreme Court of Virginia
Dunlop & Co. alleged, that they had sustained heavy loss, by the official negligence or fault, either of Keith, clerk of the county court of Frederick, or of Stephenson, late sheriff of Berkeley. Keith, the clerk, had never given any official bond for the faithful discharge of the duties of his office; and he was now residing in the town of Alexandria in the district of Columbia.
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Dunlop & Co. alleged, that they had sustained heavy loss, by the official negligence or fault, either of Keith, clerk of the county court of Frederick, or of Stephenson, late sheriff of Berkeley. Keith, the clerk, had never given any official bond for the faithful discharge of the duties of his office; and he was now residing in the town of Alexandria in the district of Columbia. Dunlop & Co. proceeded by way of foreign attachment; exhibiting their bill in the superiour court of chancery of Winchester, against Keith, as an absent debtor, against Tidball, his agent having money in his hands…
1Opinion of the CourtCabell, J.
delivered the resolution of the court. If the chancellor had not jurisdiction of the case stated in the bill, it will be unnecessary to look farther.
As early as the year 1744, an act passed (5 Hen. stat. at large, p. 220.) authorising a suit in chancery against persons out of the country, and others within the country having in their hands effects belonging to the absent defendants. But that act was intended to apply to those cases only, in which the plaintiffs and the absent defendants stood, towards each other, in the relation of creditor and debtor: for the act recites, as the motive for…
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