Allebaugh v. Coakley
Supreme Court of Virginia
On the 20th of March, 1879, Samuel It. Allebaugh, late sheriff of Rockingham county, served a notice on R. G. Coakley, his late deputy, and James C. Heltzel, Franklin Whitmer and Ephriam Wenger, surviving sureties of the said deputy upon his bond executed on the 20th of December, 1866, stating that the said Allebaugh would on the 26th of May, 1879, move the circuit court of said county for a judgment against the defendants for $813.76 with interest from March 18th, 1878,…
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On the 20th of March, 1879, Samuel It. Allebaugh, late sheriff of Rockingham county, served a notice on R. G. Coakley, his late deputy, and James C. Heltzel, Franklin Whitmer and Ephriam Wenger, surviving sureties of the said deputy upon his bond executed on the 20th of December, 1866, stating that the said Allebaugh would on the 26th of May, 1879, move the circuit court of said county for a judgment against the defendants for $813.76 with interest from March 18th, 1878, till paid, and five per cent, damages, for this, to-wit, that at the September term, 1874, of the county court of said…
1Opinion of the CourtStaples, J.
A judgment was recovered in the year of 1874, in the county court of Rockingham, against the plaintiff in error, as sheriff of the county, on account of the default of his deputy, R. G. Coakley. This judgment amounting, principal, interest and costs, to $813.16, was, in the year 1878, fully paid by the plaintiff in error, and at the May term, 1879, of the circuit court of Rockingham, he moved for a judgment against the deputy and his sureties for the amount so paid, with interest and damages. The sureties appeared and defended the motion. They insisted that as the alleged default or…
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