Waring v. Thomas

Opinion of the Court.

THIS was a motion made by Waring, to recover of Thomas, late sheriff of Woodford county, the amount of an execution, and thirty per centum damages thereon, which was put into the hands of William Cosby, the deputy of Thomas, for collection ; but which execution was not returned to the office of the clerk from whence it issued, within one month from the return day.

After hearing the evidence introduced by the parties on the trial, the court dismissed the motion with costs ; and we apprehend, correctly.

The evidence was, no doubt, sufficient to show, that the execution was…