6 Va. 54
Decided April 15, 1806
Court of Appeals of Virginia · decided 1806-04-15
This was a , motion for a writ of super-sedeas to a judgment of the district court. The petition stated, that Lyle obtained a judgment against Bowyer, and issued a ca. sa. upon it: To which the deputy sheriff made a return† in these words: “Executed, and bond taken for the prison rules. ” That the sheriff afterwards voluntarily permitted Bowyer to escape, and thereby subjected himself ío a motion, under the act of assembly, for the amount of the execution.
Decided 1806-04-15
¶1The, court is of opinion, that the supersedeas is to be denied ; because a motion will not lie against a sheriff for a voluntary escape, when he has taken a prison bounds bond from the debtor, and admitted him to the prison rules: for the debtor is then in the custody of the law, and the sheriff has no power to authorize or prevent his escape.
¶2Supersedeas denied,