Wakefield v. Moore

Crawford, Justice.

A rule absolute having been granted by the judge below against the sheriff for his failure to make the money upon a fi. fa. which had been placed in his hands, he, before the day on which the money was ordered to be paid, filed his motion to set aside and rescind the order absolute upon the ground, among others, that the property levied upon was not the property of the defendant in execution, and that the knowledge of that fact had not come to him until after the decision of the court was made on the rule. When this motion came on to be heard the plaintiff in fi. fa.…