Preston v. Auditor of Public Accounts
Court of Appeals of Virginia
This was" a supersedeas to a judgment of the General Court, rendered the 11th of June, 1796, in favor of the Auditor, against Robert Preston, one of the securities of Robert Craig, late Sheriff of Washington County. The judgment is as follows: “On the motion of the Auditor of public accounts, on behalf of the Commonwealth against Robert Preston, one of the securities of Robert Craig, late Sheriff of Washington County.
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This was" a supersedeas to a judgment of the General Court, rendered the 11th of June, 1796, in favor of the Auditor, against Robert Preston, one of the securities of Robert Craig, late Sheriff of Washington County. The judgment is as follows: “On the motion of the Auditor of public accounts, on behalf of the Commonwealth against Robert Preston, one of the securities of Robert Craig, late Sheriff of Washington County. This day came the Attorney General, and, it appearing by the affidavit of John Wade, that the defendant hath had legal notice of this motion, he was solemnly called, but came…
1Opinion of the Court
PENDLETON, President.
The appellant was right in his position, that under the act of 1787, the Court are restrained from giving judgment against the security, until, it is ascertained, that the lands and chattels of the Sheriff are insufficient. He is also right in the assertion, that the return of the execution does not ascertain the fact of insufficiency; since'upon a venditioni exponas the difficulty as to Carson’s title might have been removed; the Sheriff *410indemnified ‘by the agent of the Commonwealth, or by the secur*ties: or bidders might have purchased Craig’s title, satisfied pf the…
2Cited by13 opinions
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- Cunningham v. MitchellCourt of Appeals of Virginia · 1826
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Central Land Co. of West Virginia v. CalhounWest Virginia Supreme Court · 1880
- Davis v. CommonwealthSupreme Court of Virginia · 1861
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