Sutton v. Marye

Citations

• 81 Va. 329
• 1886 Va. LEXIS 100

Syllabus

<p>Venditioni Exponas—Motions to quash—Case at bar.—Commonwealth got judgment against sheriff of W. county, and his sureties, and had fi. fa. issued and levied. Upon return thereof, it had a venditioni exponas issued. Instead of this writ going to the sheriff, it was taken in charge by the auditor of public accounts. Nothing was done, and no other process issued for over sixteen years, when, in December, 1884, an alias ft. fa. was issued, levied and returned, and thereupon a writ of venditioni exponas was issued. The sureties moved the court below to quash the alias writ of venditioni exponas; which motion was denied. On error—</p> <p>Held :</p> <p>The writ of venditioni, exponas, as well-as the alias ft. fa., was issued without authority of law, and should be quashed.</p>