Spafford v. Goodell

OPINION OP

THE COURT.

Tins action is brought against the defendant, as late sheriff of Wayne county, in this state, charging him with an escape. On the 22d June, 1838, a judgment was obtained in this court, against James Hale, by the plaintiffs, for seventeen hundred dollars. A capias ad satis-faciendum was issued on the judgment, the 11th February, 1839, which was returned cepi corpus. An objection was made to the execution. on the ground, that in pursuance of the statute of Michigan (Rev. St. p. 453. § 15) it did not require personal and real property to be taken, before the body; but the…