Ennis v. Waller

Waller, as sheriff, &c. declared against Ennis in an action of assumpsit. The declaration originally contained four counts, but the third and fourth counts are not now before the Court, having been finally disposed of in the Court below on demurrer.

The allegations in the first two counts are in substance as follows: — That Waller, the plaintiff, was sheriff &c.; that on the 5th day of October, 1831, a writ of venditioni exponas issued, &c. directed to him as such sheriff, commanding him to sell certain lands, &c. described and set out in the writ, which lands, it was recited .in the writ, had…