Hogue v. Cottle , 2 Va. 229 ( 1820 )

The following judgment was entered :

“The Court is unanimously of opinion, and doth decide, 1. That the Plaintiffs in this Case may recover a judgment by motion, although the motion was not made at the next succeeding Court after the return day of the execution. 2. That the Plaintiff may recover by motion against the Sheriff, and his securities, for the failure of the Deputy of the said Sheriff to pay money levied on execution by him.”