Purcell v. Richardson
Virginia Chancery Court
IN this case, the defendant had issued an 'execution against the body of the plaintiff, upon a decree of this Court, directed to the sheriff of-, and it was' duly retul'ned executed by the serjeant of the city of Richmond. And now Mr Warden, on behalf of the plaintiff, moved to quash the execution and the return, because the execution w;as executed by an officer to whom it was not directed.
1Opinion of the Court
By the Chancellor.
The law is, that an execution, writ, or other process, appearing to be duly served in ether respects, shall be deemed good, although it be not directed to any sheriff, which seems to be a provision for the very case before the Court. But if it is not, it is the same thing as to Furcell, and he should not com» plain.
Motion denied.
2Cited by3 opinions
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- Boone v. ChilesSupreme Court of the United States · 1836
- Byers v. FowlerSupreme Court of Arkansas · 1851