¶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
Decided 1802-05-07