Laforet v. Weber

This action was brought to make the sheriff, Edward Weber, and his sureties liable for not having returned the fieri facias within the delay required by law.

The failure of the sheriff to return the writ within the time fixed by law is prima facie proof of his liability for the debt, but in this case the sheriff alleged, and offered evidence to establish, a legal excuse— that he aeted under the advice and direction of the' attorney of the party in whose favor the writ was issued. The sheriff and the attorney alone have testified in this ease. The former states positively that the attorney…