Stephens v. Lewis' Administrator

delivered the opinion of the Court.. By an act of 1835, (3 Stat. Law, 137,) if a Constable fail to return an execution in his hands within thirty days after the return day thereof, without good and sufficient cause, he and his securities are made liable to a judgment, on motion, for the amount of such execution, together with thirty per cent, damages thereon. The question in this case is, whether an endorsement on the execution bearing date before the expiration of the thirty days, and importing that a part thereof had been made by a sale of property, should operate either to prevent or…