Legal Opinion

Garland v. Lynch

Supreme Court of Virginia

Decided February 15, 1843PublishedCited by 3 opinions

In March 1820, an action of debt was brought in the county court of Amherst, in the name of James P. Preston governor of the commonwealth of Virginia, for the benefit of John Lynch jr. against David S. Garland late sheriff of Amherst county, John London, William Turner and John Coleman, on a bond executed the 15th of September 1817, to Preston as governor of the commonwealth, by Garland and the other obligors as his sureties, with a condition (as prescribed by the last form…

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In March 1820, an action of debt was brought in the county court of Amherst, in the name of James P. Preston governor of the commonwealth of Virginia, for the benefit of John Lynch jr. against David S. Garland late sheriff of Amherst county, John London, William Turner and John Coleman, on a bond executed the 15th of September 1817, to Preston as governor of the commonwealth, by Garland and the other obligors as his sureties, with a condition (as prescribed by the last form in 1 R. C. 1819, p. 278. § 12.) for the faithful execution and performance by Garland of the office of sheriff of…

1Opinion of the CourtAllen, J.

It has not been contended in argument that the sheriff would be liable, if, in the proper discharge of his duty, he took a delivery bond with security sufficient at the time, and the surety should thereafter become insolvent. The law imposes no such re*558sponsibility upon him.' It was introduced for the con- . , . . venience or the owner, and not in ease of -the sheriff. It would have been unreasonable, 'under such circumstances, to require any thing more of the sheriff than to tajie security good at the time. The act authorizing the sheriff to demand a bond of indemnity was for his benefit, to…

2Cases cited4 opinions

  1. Spokane Truck & Dray Co. v. HoeferWashington Supreme Court · 1891
  2. Haas v. GaddisWashington Supreme Court · 1890
  3. Baird v. RiceCourt of Appeals of Virginia · 1797
  4. Jett v. WalkerSupreme Court of Virginia · 1822

3Cited by3 opinions

  1. Paine v. TutwilerSupreme Court of Virginia · 1876
  2. Paine v. TutwilerSupreme Court of Virginia · 1876
  3. Paine v. TutwilerSupreme Court of Virginia · 1876

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