Legal Opinion

O'Bannon v. Saunders

Supreme Court of Virginia

Decided November 15, 1873PublishedCited by 14 opinions

This was an action of debt in the Circuit court of Culpeper county, brought in February 1866, in the name of the Commonwealth, at the relation of Carter A. Saunders, against James O. Harris, late sheriff of said county, and Walter O’Bannon, Jacob S. Egborn and another as his sureties in his official bond, to recover the amount of an execution which issued upon a judgment recovered in the Circuit court of Culpeper county by the surviving partner of Thomas Hill & Co., for the…

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This was an action of debt in the Circuit court of Culpeper county, brought in February 1866, in the name of the Commonwealth, at the relation of Carter A. Saunders, against James O. Harris, late sheriff of said county, and Walter O’Bannon, Jacob S. Egborn and another as his sureties in his official bond, to recover the amount of an execution which issued upon a judgment recovered in the Circuit court of Culpeper county by the surviving partner of Thomas Hill & Co., for the benefit of Carter A. Saunders, against John S. Barbour, George G. Thompson and James Barbour. The breach of the…

1Opinion of the Court

Moncure, P.,

delivered the opinion of the court.

This is a supersedeas to a judgment of the Circuit court of Culpeper county, rendered on the 10th day of June 1868, against a sheriff’ and his sureties, on his official bond, for his default in regard to a writ of fieri facias which came to his hands for execution. The original declaration was for the default of the sheriff in not paying to the relator, who was entitled to receive the same, the amount of the said writ alleged to have been received by the said sheriff from the defendants therein. The declaration was afterwards amended, assigning a…

2Cases cited4 opinions

  1. Mitchell v. BarattaSupreme Court of Virginia · 1867
  2. Kincaid v. HoweMassachusetts Supreme Judicial Court · 1813
  3. Commonwealth v. ParmenterMassachusetts Supreme Judicial Court · 1869
  4. Chapman v. HarrisonCourt of Appeals of Virginia · 1826

3Cited by14 opinions

  1. Rowe's Adm'r v. Habdy's Adm'rSupreme Court of Virginia · 1899
  2. Long v. CampbellWest Virginia Supreme Court · 1893
  3. North Western Bank of Virginia v. HaysWest Virginia Supreme Court · 1892
  4. Grandstaff v. Ridgely, Hampton & Co.Supreme Court of Virginia · 1878
  5. Grandstaff v. Ridgely, Hampton & Co.Supreme Court of Virginia · 1878

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