Carr v. Meade's Ex'x

Citations

• 77 Va. 142
• 1883 Va. LEXIS 45

Syllabus

<p>1. Jurisdiction—County cou,rts—Official bonds.—Remedy by motion on bonds of sheriffs, &c., under £ 5, ch. 163, Code 1873, was not taken away from the county courts by § 9, ch. 395, Acts 1872-3, and was in force in 1879.</p> <p>2. Practice at Common Law—Notice.—To sustain such motion, any notice, however informal, which informs the defendants of the nature and object of the motion, is sufficient.</p> <p>3. Sheriffs—Returns—Amendments.—Having made return on an execution and on that return, in part, a decree having been entered, in subsequent proceedings against him and his sureties, the sheriff will not be permitted to amend his return, so as to explain it away and enable his sureties to escape liability for his default.</p> <p>4. Evidence—Privity.—The record in proceedings whereby a sheriff’s liability— [e. g. on his return), has been adjudicated, is admissible as evidence against his sureties; and is prima facie proof .of their liability, although those sureties were not parties that record.</p> <p>5. Quajre.—Sheriff, having levied an execution, goes out of office without selling the property. May not his successor levy a junior execution on the same property (without prejudice to the first levy), sell the property, return the money to the court, and have it settle conflicting claims and distribute the proceeds ?</p> <p>6. Case at Bar.—In 1871, on the entire stock of goods of S. B., a retail storekeeper, execution of F., R. & Co. was levied by W. B., then sheriff. Thereupon came claimants for the goods on divers pretexts, notably, M. and C., who claimed by levy thereon by former sheriff, under senior executions. Sale was made by W. B., sheriff, who then instituted a chancery suit, convening F., R. & Co., M., C. and the other claimants, and had an account of liens and priorities. In 1875 the court decreed that sheriff W. B., pay out of proceeds to M. and to C. their respective claims. Sheriff, W. B., squandered the money, and became insolvent. In 1879 M. and C. mo