Custer v. Agnew

This was a motion by appellant for a rule upon appellee, who was sheriff, requiring him to pay over to appellant a certain amount of money which appellee had collected by virtue of an execution issued upon a judgment rendered in favor of appellant against Kimball & Co. Appellee shows, in answer to the motion, that he had paid over the money to Eldridge & Tourtellotte, the attorneys of record of appellant in the recovery of the judgment.

Appellant filed his own affidavit, stating, among other things, that he, in person, took the execution to the office of the sheriff, and delivered it to the…