Bolanz v. Commonwealth
Supreme Court of Virginia
At the August term for 1870, of the County court of Pittsylvania, William Leahy, who was sheriff of the county of Pittsylvania in the year 1870, was indicted for feloniously embezzling the moneys of the county, amounting to f9,413 29, which were under his care and management by virtue of his office of sheriff.
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At the August term for 1870, of the County court of Pittsylvania, William Leahy, who was sheriff of the county of Pittsylvania in the year 1870, was indicted for feloniously embezzling the moneys of the county, amounting to f9,413 29, which were under his care and management by virtue of his office of sheriff. At the same term' of the court Leahy, who had been arrested and bailed for his appearance, appeared in court, and upon his motion his case was continued until the first day of the next October court; and he entered into a recognizance with Mathias Bolanz and John A. Giles as his…
1Opinion of the CourtAnderson, J.
The purpose of the writ of scire facias is to give notice-to the defendant of an application for award of execution. The writ may be returnable at rules in the office, or in court. And the order awarding execution is made upon due return of the process, unless good cause be-shown against it. If the writ is returnable to rules, it is-made at rules, and if not set aside at the next succeeding term, becomes a final judgment of the last day of the" term. If the writ is returnable to the court, the order is-made in court. It is not necessary to send the case to rules, because it is not a…
2Cases cited1 opinion
- Williamson v. CrawfordSupreme Court of Virginia · 1850
3Cited by4 opinions
- Allen v. CommonwealthSupreme Court of Virginia · 1893
- Harman v. HoweSupreme Court of Virginia · 1876
- Harman v. HoweSupreme Court of Virginia · 1876
- Harman v. HoweSupreme Court of Virginia · 1876