Sangster v. Commonwealth
Supreme Court of Virginia
This was an action of debt in the Circuit court of Alexandria county, brought in March, 1858, in the name of the commonwealth of Virginia, at the relation of Henry Blondheim, against Edward Sangster, sheriff of Alexandria county, and his sureties in his official bond.
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This was an action of debt in the Circuit court of Alexandria county, brought in March, 1858, in the name of the commonwealth of Virginia, at the relation of Henry Blondheim, against Edward Sangster, sheriff of Alexandria county, and his sureties in his official bond. The declaration was on the official bond of the sheriff, and the breaches assigned were, that in certain attachment suits, naming them, depending in the Circuit court of Alexandria against Harts Blondheim, Henry Blondheim and Joseph Breager, attachments were issued which directed the sheriff to attach the effects of Hartz…
1Opinion of the Court
MONCURE, P.,
delivered the opinion of the court:
The first question presented for our decision in this case is, whether an action can be maintained against a sheriff and his sureties on his official bond, for a trespass committed by him in taking the goods of the relator, on an attachment issued against the property of another?
We are of opinion that the action can be maintained. The condition of the bond is, for the faithful discharge of the duties of the office of sheriff, according to law. A sheriff who takes the property of A under an attachment ’“’against the property of B, thereby not only…
2Cases cited2 opinions
- Hite v. LongSupreme Court of Virginia · 1828
- Davis v. Commonwealth for LeonSupreme Court of Virginia · 1856
3Cited by14 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Price v. PriceWest Virginia Supreme Court · 1940
- Manchester Home Building & Loan Ass'n v. PorterSupreme Court of Virginia · 1907
- Garrett v. HutchinsonSupreme Court of Virginia · 1890
- Price v. PriceWest Virginia Supreme Court · 1936
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