Worsham v. Egleston
Court of Appeals of Virginia
Egleston issued a writ of fieri facias against Worsham, in the year 1794, which amounted to 6,940 lbs. of tobacco, and 21. 165. 6d. Property was taken thereon, and a forthcoming bond given by Worsham, on the 19th of August, 1794 ; which he forfeited. The condition of the bond recited the amount of the execution to he 7,342lbs. of tobacco and 21. 16s. 6d. including interest, costs and, Sheriff’s commissions.
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Egleston issued a writ of fieri facias against Worsham, in the year 1794, which amounted to 6,940 lbs. of tobacco, and 21. 165. 6d. Property was taken thereon, and a forthcoming bond given by Worsham, on the 19th of August, 1794 ; which he forfeited. The condition of the bond recited the amount of the execution to he 7,342lbs. of tobacco and 21. 16s. 6d. including interest, costs and, Sheriff’s commissions. The District Court gave judgment for the- amount of the condition, and from that judgment Worsham appealed to this Court.
1Opinion of the Court
PER CUR.
The judgment in which the Sheriff’s commissions are included is clearly wrong. It must, therer fore, be reversed, and judgment entered for the sum due, without the commissions.
The judgment was as follows :
“ The Court is of opinion, that the said judgment is erroneous in this, that the same is entered for the amount of the debt recited in the forthcoming bond in the proceedings mentioned, in which bond it- is stated that the Sheriff ’s commissions are included, which by law he was not entitled to, and which ought to have been deducted from the amount aforesaid, before the entering of…
2Cited by9 opinions
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- Bernard v. Scott's AdministratorSupreme Court of Virginia · 1825
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