McFalls v. Essex County

Citations

• 79 Va. 137
• 1884 Va. LEXIS 70

Syllabus

<p>1. Practice at Common Law—Recitals in Record.—Recitals in an order entered in 1874 under Code i860, ch. 52, \\ 18, in a county court, that the sheriff and his sureties had been duly summoned to appear and settle the county levy account for 1869, by process duly executed on them and by an order of publication published in the county newspaper, must be taken as true, there being nothing in the record to the contrary.</p> <p>2. County Courts—Sheriffs—Settlements.—There is nothing in the statute (Code i860, ch. 52, g 18), requiring sheriff to settle with the county court his account of the levies, and in the event of his failure so to do, after notice to him and his sureties, requiring the said court to proceed to settle the account, which deprives the said court of the aid of a commissioner in making the settlement. And it is not necessary that it shall appear in the record, for whose benefit the levy was made, but after a judgment has been entered in favor of the county under said action, no other judgment can be entered in favor of individuals.</p> <p>3-, Idem—County Treasurers—Settlements.—Under Code 1873, ch. 53, secs. 30 and 31, similar provisions apply to county treasurers.</p> <p>4. Appellate Court.—It is too late now and here for the first time, to object that there was in the court below no proof that the plaintiffs in error were the sureties of the sheriff, or that any official bond was ever executed by him, when the proceedings in that court purport to have been on the official bond of said sheriff and his alleged sureties, all of whom were defendants, and there is no certificate of the facts proved.</p>