First v. Miller

OPINION of the Court, by

Ch. J. Boyee.

Oh a motion against the defendant as deputy sheriff, for money collected by him on a, fieri facias, the plaintiff offered to prove that the money had not been paid to his attorney, but the court below rejected the evidence as inadmissible, to which the plaintiff excepted, and a judgment being given against him he has brought the case to this court by writ of error.

It docs not appeal- that any evidence had been adduced by the defendant to prove that the money had been paid to the plaintiff’s attorney ; and if there were no such evidence adduced, it is plain…