Legal Opinion

Commonwealth v. Wampler

Supreme Court of Virginia

Decided September 14, 1905PublishedCited by 8 opinions

Error to a judgment of tbe Circuit Court of Wise county, in an action of debt. Judgment for the defendants. Plaintiff assigns error. The opinion states the case.

1Opinion of the CourtWhittle, J.

The single- question presented by this record is whether the *338assignee of a judgment is entitled to maintain an action for damages against an officer and tbe sureties on bis official bond, for a breach of the condition thereof which occurred prior to the assignment, by reason of his failure to return a forthcoming -bond taken upon the judgment within the time and in the manner prescribed by statute' to give such bond the force of a judgment against the obligors therein.

Upon demurrer to the declaration, the trial court resolved that question in the negative, and rendered judgment for the…

2Cases cited7 opinions

  1. Carpenter v. LonganSupreme Court of the United States · 1873
  2. Central Railroad & Banking Co. v. Brunswick & Western RailroadSupreme Court of Georgia · 1891
  3. National Valley Bank v. HancockSupreme Court of Virginia · 1902
  4. Redmond v. . StatonSupreme Court of North Carolina · 1895
  5. Citizens' National Bank v. LoomisSupreme Court of Iowa · 1896

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3Cited by8 opinions

  1. Kelly Health Care, Inc. v. Prudential Insurance Co. of America, Inc.Supreme Court of Virginia · 1983
  2. Stonegap Colliery Co. v. HamiltonSupreme Court of Virginia · 1916
  3. Watts v. CopelandSupreme Court of South Carolina · 1933
  4. Moccasin State Bank v. WaldronMontana Supreme Court · 1928
  5. A.J. Properties, LLC v. Stanley Black and Decker, Inc.Massachusetts Supreme Judicial Court · 2014

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