Grandstaff v. Ridgely, Hampton & Co.
Supreme Court of Virginia
This case was heard in Staunton, but was decided in Richmond. It was an action of debt brought in the county court of Shenandoah in September, 1871, but afterwards transferred to the circuit court of that county, in the name oí the Commonwealth of Virginia, suing at the costs, &c„ of Ridgely, Hampton & Co., against JohnJ. Grandstaff, late sheriff of Shenandoah county, *and the surviving sureties in his official bond. The declaration contained .five counts.
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This case was heard in Staunton, but was decided in Richmond. It was an action of debt brought in the county court of Shenandoah in September, 1871, but afterwards transferred to the circuit court of that county, in the name oí the Commonwealth of Virginia, suing at the costs, &c„ of Ridgely, Hampton & Co., against JohnJ. Grandstaff, late sheriff of Shenandoah county, *and the surviving sureties in his official bond. The declaration contained .five counts. The first set out the official bond, and the qualification of said Grand-staff. and the entry upon his office of sheriff on the first of…
1Opinion of the CourtStaples, J.
The court is of opinion it was not necessary to aver in the declaration that payment of the execution was demanded of the defendant, John J. Grandstaff, in his county before the commencement of the action. The statute provides that an officer receiving m-oney under an execution, when the creditor resides in a different county, shall not be _liable_ to have any judgment rendered against him or his sureties for the non-payment of the money until a demand of payment shall be made of such officer in his county or corporation. Code of 1873, ch. 183, § 37.
If the declaration had averred the…
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