Ballard v. Whitlock
Supreme Court of Virginia
A forthcoming bond given by John P. Ballard as principal, and Thos. E. Ballard and J. B. Watkins as sureties, on an execution which issued from the clerk’s office of the Circuit Court of the city of Richmond, in the name of Charles E. Whitlock against the said John P. Ballard, having been forfeited, notice that a motion would be made on the 3d day of July, 1867, for a judgment and award of execution on the bond, was served on two of the obligors, J* P. Ballard and J. B.…
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A forthcoming bond given by John P. Ballard as principal, and Thos. E. Ballard and J. B. Watkins as sureties, on an execution which issued from the clerk’s office of the Circuit Court of the city of Richmond, in the name of Charles E. Whitlock against the said John P. Ballard, having been forfeited, notice that a motion would be made on the 3d day of July, 1867, for a judgment and award of execution on the bond, was served on two of the obligors, J* P. Ballard and J. B. Watkins. By a singular mistake, ju%men*; was rendered on the forthcoming bond against these two obligors on the first…
1Opinion of the Court
Moncure, P.,
after stating the case, proceeded as follows : Pour errors are assigned in the judgment, but as the last two are in effect but repetitions of the first and second respectively, or at all events may be disposed of in disposing of them, the latter only need be noticed. They are:
1st. The execution upon the first judgment expired before the day named in the bond for the delivery of the property; the sheriff, therefore, could not legally receive it on that day, and the bond was consequently void, and no judgment could legally be rendered upon it.
2dly. The court, having rendered one…
2Cases cited3 opinions
- Pulliam v. AlerSupreme Court of Virginia · 1859
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