Webb v. Elligood

General Court of Virginia

Webb v. Elligood

1 Jeff. 59, 2 Va. Col. Dec. 76

DecidedApril 15, 1739

StatusPublished

This text of 1 Jeff. 59 (Webb v. Elligood) is published on Counsel Stack Legal Research, covering General Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webb v. Elligood, 1 Jeff. 59, 2 Va. Col. Dec. 76 (Va. Super. Ct. 1739).

Pincite

Opinion

This was an action against die (appellant) sheriff, for an escape, and upon a special verdict, die case was; the plaintiff (respondent) had judgment against one Gilmet in custody, and prayed him in execution. He had been in custody thirty two days before at another suit, and the defendant knowing him to be insolvent, demanded of the plantifPs attorney, security for the prison fees, who refused to give him security, and thereupon die sheriff discharged him. The question in this case was, whether the sheriff was obliged to keep him twenty days before he discharged him ; and the court was of opinion that he ought to have done so, and affirmed the county court’s judgment.

Reported by Edward Barradall, Esq.

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This was an action against die (appellant) sheriff, for an escape, and upon a special verdict, die case was; the plaintiff (respondent) had judgment against one Gilmet in custody, and prayed him in execution. He had been in custody thirty two days before at another suit, and the defendant knowing him to be insolvent, demanded of the plantifPs attorney, security for the prison fees, who refused to give him security, and thereupon die sheriff discharged him. The question in this case was, whether the sheriff was obliged to keep him twenty days before he discharged him ; and the court was of opinion that he ought to have done so, and affirmed the county court’s judgment.

Reported by Edward Barradall, Esq.

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Bluebook (online)

1 Jeff. 59, 2 Va. Col. Dec. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-elligood-vagensess-1739.