Stuart v. . Fitzgerald

The plaintiff sued out a writ against Martin Armstrong, from the County Court of Surry, returnable to August Term, 1807, but it was not returned until November term following, when it was returned into the office with the following (256) indorsement, viz., "Executed, James Fitzgerald." No bail bond was taken by the sheriff; a judgment was recovered by Stuart against Armstrong, and thereupon Stuart sued out this scirefacias to subject the defendant to the payment of the judgment.

The defendant was elected sheriff of Surry at May Term, 1806, and qualified and gave bond with security at August…