Legal Opinion

Cox v. Thomas' Adm'x

Supreme Court of Virginia

Decided July 15, 1852PublishedCited by 35 opinions

*This was a proceeding in the same court, and between the same parties, similar to .the last preceding case. The notice was for the default of the deputy sheriff, .Samuel Cox, jr., in failing to pay over the money received by him upon an execution which issued from the clerk’s office of the County court of Grayson, in the name of "William Bourn’s executor against Charles Bolt "and another.

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*This was a proceeding in the same court, and between the same parties, similar to .the last preceding case. The notice was for the default of the deputy sheriff, .Samuel Cox, jr., in failing to pay over the money received by him upon an execution which issued from the clerk’s office of the County court of Grayson, in the name of "William Bourn’s executor against Charles Bolt "and another. The notice was like tbiat in the former case; there was a copy of the judgment against the administratrix of Thomas for the default of the deputy, and the same bond. But the execution of Bourn’s executor v.…

1Opinion of the CourtAllen, J.

This is a proceeding by the representative of Jonathan Thomas, late sheriff of Grayson county, to recover from Samuel Cox, his deputy, and his co-obligors in a bond to the sheriff, the amount of a judgment recovered against the administratrix of the sheriff by the surviving executor of William Bourn deceased, on account of the default of the deputy. The proceeding was had upon the same bond referred to in the former case between these-parties, and the same objections to the validity of the bond were relied on, and were then disposed of.

In this case it does not appear from the evidence as set…

2Cited by35 opinions

  1. Gray's Adm'rs v. CruiseSupreme Court of Alabama · 1860
  2. Ballard v. Thomas & AmmonSupreme Court of Virginia · 1868
  3. Ballard v. Thomas & AmmonSupreme Court of Virginia · 1868
  4. Van Winkle v. BlackfordWest Virginia Supreme Court · 1890
  5. Lemmon v. HerbertSupreme Court of Virginia · 1896

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