Perkins v. Giles
Supreme Court of Virginia
These were actions in the circuit court of Buckingham county, brought under the statute, 1 Rev. Code, ch. 78. § 13. p. 279.* (one of them at the relation,of Walton, Hendrick Sf Company, the other at the relation of Walton df Garland) upon a bond given by Price Perkins on the 12th of July 1824, conditioned that he should truly and faithfully execute and perform the office of sheriff of Buckingham, during the time of his continuance therein.
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These were actions in the circuit court of Buckingham county, brought under the statute, 1 Rev. Code, ch. 78. § 13. p. 279.* (one of them at the relation,of Walton, Hendrick Sf Company, the other at the relation of Walton df Garland) upon a bond given by Price Perkins on the 12th of July 1824, conditioned that he should truly and faithfully execute and perform the office of sheriff of Buckingham, during the time of his continuance therein. Breach assigned, that the sheriff had in execution the body of John T. Linthicum, a debtor to the relators respectively, and voluntarily suffered him to…
1Opinion of the Court
Tucker, P.
I take it to be a well settled principle, that where a cumulative remedy is given by statute, the party grieved may resort to his common law or his statutory remedy, at his election. But he cannot weld them together, or have the benefit of the statutory provision when he pursues the common law remedy. It may indeed happen, that the statute may authorize the redress in the common law action ; but where it gives a new action with a redress unknown to the common law, that redress can only be obtained by a resort to the prescribed form of action. Thus, at common law, single damages were…
2Cases cited1 opinion
- Wolverton v. Commonwealth ex rel. Hart & Co.Supreme Court of Pennsylvania · 1821
3Cited by1 opinion
- Ginter v. BreedenSupreme Court of Virginia · 1894