Turner v. Fendall
Supreme Court of the United States
This was a writ of error to reverse a judgment of the circuit court of the district of Columbia sitting at Alexandria, rendered on a motion by Fendall against Turner, late sergeant of the corporate town of Alexandria, for the amount of money received by him on a fieri facias issued on a judgment in favour of Fendall against one Towers.
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This was a writ of error to reverse a judgment of the circuit court of the district of Columbia sitting at Alexandria, rendered on a motion by Fendall against Turner, late sergeant of the corporate town of Alexandria, for the amount of money received by him on a fieri facias issued on a judgment in favour of Fendall against one Towers. This motion was grounded on an act of assembly of Virginia, revised code page 317. §. 51.—by which it is enacted that “ If any sheriff, under sheriff, or other offi- “ cer, shall make return upon any writ of fieri facias or “ venditioni exponas, that he hath…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court.
This was a motion made by the defendant in error against the now plantiff in the circuit court at Alexandria, under an act of the Virginia assembly, which declares that “ if any sheriff, under sheriff or other officer, shall “ make return on any writ of fieri facias or venditioni “ exponas, that he hath levied the debt, damages or costs “ as in such writ is required, or any part thereof, and “ shall not immediately pay the same to the party to “ whom the same is payable, or his attorney,” “ it shall “ and may be lawful for the creditor at…
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