Boyd v. Lester

Opinion of the Ooubt by

Judge Habdin:

"Whether any sufficient cause of action or not alleged in the petition as amended which, as suggested for the appellants, neither avers that any special damage was sustained by the official delinquency of the sheriff, nor that his failure to return the execution was without reasonable excuse as provided in section 4 of article 18 of chapter 36 of the Bevised Statutes, vol. 1, p. 493, we think the fact alleged by the appellants, and which is sustained by a preponderance of the evidence, that while the execution was in force and after it had been paid, it was…