Lyle v. Stephenson

10 Va. 54

Opinion

Lyons, President.

The 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.

Supersedeas denied.