Mize v. Noland

Judge Marshall

delivered the Opinion of the Court.

It seems to this Court that the evidence offered to establish the delinquency of the sheriff in paying over money in his hands, belonging to the county, was insufficient to authorize a judgment against his sureties in this motion.

The act of 1793, (Stat. Law, 503,) authorizes the County Court to appoint two of their own body to settle, with the sheriff or collector, after notifying him of the time and place of the intended settlement; and provides that if on such settlement, a balance should be found against him, which he fails to pay, a…