Cox v. Thomas' Adm'x
Supreme Court of Virginia
This was a motion in the Circuit court of Grayson county by the administratrix of Jonathan Thomas deceased, late high sheriff of Grayson county, against Samuel Cox, jr., late deputy sheriff for the said Thomas, and eleven others, as obligors in a bond executed by them to Jonathan Thomas. The notice was addressed to these parties, the first as late deputy sheriff, and the others as obligors in a bond executed to Thomas.
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This was a motion in the Circuit court of Grayson county by the administratrix of Jonathan Thomas deceased, late high sheriff of Grayson county, against Samuel Cox, jr., late deputy sheriff for the said Thomas, and eleven others, as obligors in a bond executed by them to Jonathan Thomas. The notice was addressed to these parties, the first as late deputy sheriff, and the others as obligors in a bond executed to Thomas. It recited that on the 4th day of April 1846 a judgment was rendered by the Circuit court of Grayson county in favor of John Mitchell, against the administratrix of Thomas, who…
1Opinion of the Court
*ALLEN, J.
It is objected in this case that the bond upon which the proceeding was had, is void on account of its uncertainty; or if not, and if all the obligors are to be treated as deputy sheriffs, this proceeding cannot be sustained, because the remedy by notice is given by the statute against the deputy and his sureties, and not against one deputy for the default of another deputy. As to the first question there would seem to be nothing in it. The bond from a deputy to the high sheriff is not a statutory óbligation; no particular form is prescribed. We may conjecture from the appearance of…
2Cases cited1 opinion
- Wynn v. Harman's deviseesSupreme Court of Virginia · 1848
3Cited by22 opinions
- Ward v. ChurnSupreme Court of Virginia · 1868
- Neale v. UtzSupreme Court of Virginia · 1881
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Hutcheson v. PriddySupreme Court of Virginia · 1855
- Adkins v. AdkinsWest Virginia Supreme Court · 1957
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