Hunt v. Barry

This action was brought to recover of the defendant, who is a constable of the county of Orleans, the amount of an execution issued to him upon a judgment recovered before Morgan L. Brainard, Esq., justice of the peace of the town of Ridgeway, for a failure to return said execution in accordance with the provisions of section 3039 of the Code of Civil Procedure. The action was tried at the March term of the court, and a motion is now made, on the judge’s minutes, for a new trial. Upon the trial it appeared that the execution was duly issued and received by the defendant, and was by him, after…