Virginia reports Volume 9-10; v. 50-51; Jefferson--33 Grattan, 1730-1880 - Thomas Johnson Michie, Paperback

• Release Date   5/20/2012
• ISBN-13   9781236272492 | 978-1-236-27249-2
• ISBN   1236272498 | 1-236-27249-8
• Format   Paperback
• Author(s)   Thomas Johnson Michie
• This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 Excerpt: ...to a certain amount. The high sheriff is liable upon the return. Tyree & als. v. Donnally, 64 4. High sheriff cannot object that the debtor deputy received the money. Idem, 64 5. The high sheriff is liable to the plaintiff, though the money was received by the deputy before the venditioni exponas issued. Idem, 64 6. Where the plaintiff in the execution lives in the county, no demand of the money is necessary before proceeding to subject the high sheriff. Idem, 64 7. The statute gives fifteen per cent, per annum interest against a sheriff for failing to pay over money received on an execution. This statute not controlled by the statute in relation to interest upon appeals. Idem, 64 8. In entering a judgment against a high sheriff, damages are given from a date anterior to the return upon the venditioni exponas, but it was not demanded in the notice. This is a clerical error which may be corrected by the execution, and is not a ground for reversing the judgment. Idem, 64 9. A sheriff is entitled to commissions on a ca. sa. executed on the defendant, who, after taking the benefit of the prison bounds, pays the amount of the execution to the plaintiff, by whom he is thereupon discharged from custody before the return day of the execution. Gardner v. Neal, 85.10. When sheriff estopped from objecting that the County court was not properly constituted when the county levy was laid. See County Levy, No. 1, and Cook, sheriff, & als. v. Hays, 142 11. When court will not presume sheriff has paid creditors of the county out of the county levy. See County Levy, No. 2, and Idem, 142 12. A demand upon the sheriff is necessary to sustain a motion against him and his sureties by a creditor of the county: but in an appellate court it will be inferred from circumstanc...