Goss v. Southall

Citations

• 23 Va. 825

Syllabus

<p>1. By a decree of tbe Circuit court of A. made in a pending cause on the 22d of October 1860, G. the sheriff, is directed to collect certain bonds, and deposit the net proceeds in the A insurance co. to the credit of the cause. In May 1866, G reports that he had collected the money on the 5th of May 1862, and had proposed to the A co. to deposit the net amount $882.13, but the co. declined to receive it, and hence the money was not deposited as directed. In October 1866, by another decree in the cause, G was directed to pay this sum with sixyier cent, interest to S, who was appointed receiver in the cause. In January 1869, S, signing himself receiver in the cause, gave more than ten days’ notice to G and his sureties, that he would move the Circuit court for a judgment against them for the penalty of G’s bond, to be discharged by the payment of the said sum and interest. And the court gave judgment for $882.13, with si's.per cent, interest, from, &c. Held :</p> <p>1. The court had authority under §40, of ch. 49, of the Code of 1860, to render the judgment in favour of S as receiver.</p> <p>2. It was proper not to scale the money.</p>