¶1Delivered the resolution of the Court, that the judgment of the District Court was to be reversed, and that of the County Court affirmed; because, this Court considered the act of limitations as not applying, inasmuch as the plaintiff might have sued the Sheriff’s bond; and, as that right of action was still existing, it could not be true that the act of limitations would bar the motion.
3 Va. 220
Lee v. Peachy
Decided May 7, 1802
Court of Appeals of Virginia · decided 1802-05-07
In February, 1798, Eee, as executor of John Eee, Clerk of Essex county, made a motion, in the County Court, against Peachy, as administrator of Samuel Peachy, Sheriff of the county, for some Clerk’s tickets put into the hands of the said; Samuel Peachy’s deputy, in 1774. The motion was continued from Court to Court until November, 1798, when the defendant pleaded non assumpsit and the act of limitations ; to which the plaintiff replied generally.
Decided 1802-05-07