Evans v. The Governor

This was an action upon a sheriff’s bond. Three breaches are assigned in the declaration : 1st, that the sheriff failed to return an execution, which was placed in his hands to be executed and returned by him as sheriff, in favor of the Bank and against one Henry Y. Houze and Thomas Billingslea, as required by law, &c.; 2d. that he failed to make the money upon the same, as required by the exigencies of the writ, when be could have done so by the use of due diligence; and, 3d, that he collected the money upon said writ of execution and failed to pay the same over to the plaintiff after demand…