French, Richards & Co. v. Kemp

No appearance for defendant. Crawford, Justice.

The plaintiffs in error moved a rule against the sheriff for his failure to collect a, fi.fa. placed in his hands against one W. L. Davis. The sheriff filed his answer, which was traversed by the movants, and after their testimony was submitted, the respondent’s counsel moved, as he termed it, a non-suit, on the ground that no special damage had been shown by the non-action of the sheriff, which said motion was sustained, and the following order taken as the judgment of the court: “ It is ordered that a non-suit be awarded, and the rule…