State v. Schar

This was an action on a constable’s bond for failure to return an execution. The answer of the sureties was a general denial *394of all the.-allegations. The plaintiff, to maintain his case, read the docket of the justice, .which showed a judgment: and the issuing of an execution ; but there was nothing on the docket, nor any other evidence,, to. show that the. execution was delivered to the constable.

On this evidence the plaintiff asked the court to declare the law to be that if the execution was delivered to the constable it.devolved upon the constable to show that it had been duly returned.…