3 Va. 339
Decided March 1, 1813
Supreme Court of Virginia · decided 1813-03-01
IN an action of debt on a prison bounds bond, in be-, L half of Alexander Garrett, assignee of Joseph Blackwell, . . 7 Sheriff of Fauquier county, against Moses Greeny surety for William Blackwell, the following facts were disclosed by a special verdict; viz. that the plaintiff, on the 29th of April, 1800, brought suit, in the county Court of Fanquier, against William Blackwell, on a bond for one thou- * , sand dollars; that on the 29 th of November, 1800, Thomas Chilton,…
Decided 1813-03-01
¶1the president pronounced the opinion of the Court; “ that the judgment was erroneous in this, that William Blackwell, in the proceedings mentioned, after having been delivered to the sheriff, by his special bail, was not by the creditor, his attorney, ox-agent, charged in execution, in writing, as the law requires.”
¶2Judgment reversed, and entered, that the appellee take nothing, &c.