
    Beale v. Downman and Others.
    [Tuesday, May 15th, 1798.]
    Forthcoming Bond — Sheriff—Action of Debt by. — If a forthcoming bond he taken payable to the Sheriff, he may maintain an action of debt upon it.
    This was an action of debt brought by the Sheriff on a forthcoming bond, payable to the-Sheriff instead of the creditor; and, upon non est factum pleaded, the jury found for the plaintiff. There was a motion in arrest of judgment, upon the following grounds: 1st. That the bond was not taken according to law. 2d. That the remedy was by motion. The District Court arrested the judgment, and the plaintiff appealed to this Court.
    
      
      Forthcoming Bond — Sheriff—Action of Debt by. — If a forthcoming bond be not good as astatutory-bond, it may be good as a common-law bond, and the sheriff may bring an action of debt upon it. Por this proposition the principal case, and Johnstons v. Meriwether, 3 Call 533, are cited in Lynchburg Trust and Savings Bank v. Elliott, 94 Va. 703, 37 S. E. Rep. 467. The principal case is cited in State v. Purcell, 31 W. Va. 56, 5 S. E. Rep. 308. See monographic note on “Statutory Bonds” appended to Goolsby v. Strother, 21 Gratt. 107.
    
   PENDDETON, President,

delivered the resolution of the Court, as follows:

The errors assigned are in conflict. The first, if true, removes the only reason 250 in support of the *second; that, having a remedy by motion, he could not bring suit on the bond.

Both errors are, therefore, overruled; the judgment of the District Court reversed; and judgment is to be entered for the plaintiff, according to the verdict.  