State Use of Bishop Thatcher v. Ogle
Supreme Court of Delaware
The sheriff’s return is part of the record; it imports verity and cannot be collaterally impeached. Farmers’ Bank v. Gardner’s Admr. 4 Harr. 453. Whether the attached property was, or was not forthcoming to respond to the judgment, was legally ascertainable on an order of sale directed to the attaching officer, and not by a writ of fieri facias to his successor in office, as the property could not be sold under such writ.
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The sheriff’s return is part of the record; it imports verity and cannot be collaterally impeached. Farmers’ Bank v. Gardner’s Admr. 4 Harr. 453. Whether the attached property was, or was not forthcoming to respond to the judgment, was legally ascertainable on an order of sale directed to the attaching officer, and not by a writ of fieri facias to his successor in office, as the property could not be sold under such writ. And even if it could have been sold under such writ, it is not averred that it was not forthcoming to he levied on and sold under thefi. fa.
1Opinion of the Court
This case was brought up from New Castle County for hearing before all the Judges in the Court of Errors and Appeals on questions of law reserved. The action below was on the official recognizance of Thomas M. Ogle, late sheriff, and his sureties, and the declaration alleged the cause of it to be that the plaintiffs had sued out of the Superior Court in and for New Castle County a certain writ offoreign attachment, number 75, returnable to November Term 1858, which was directed to the said Thomas M. Ogle as sheriff of the said county, whereby he was commanded to attach John W. Southall by all…
2Cases cited6 opinions
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Lufkin v. CurtisMassachusetts Supreme Judicial Court · 1816
- Baker v. M'DuffieNew York Supreme Court · 1840
- Townsend v. OlinNew York Supreme Court · 1830
- Williams v. CheeseboroughSupreme Court of Connecticut · 1822
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