Weathers v. Newman

This was a motion, under the statute, by Newman, as the administrator of Hancock, against the late sheriff for failing to return an execution, which had been put into his hands in favour of the intestate. The defendant appeared and pleaded ne unques administrator. The plea was rejected by the Court, and judgment rendered for the plaintiff below.

We see no good reason for rejecting the plea in this case. The sheriff was not liable to any person but the execution plaintiff or his legal representative. If he could not gainsay the justice of the demand, he had, notwithstanding, a right to deny the…