Dilling, Baker & Co. v. Foster

The opinion of the court was delivered by

Mr. Justice McIver.

On July 7, 1883, the plaintiffs obtained judgment against the defendant for the sum, including posts, of $86.75, and issued execution therefor. The sheriff, on July 16, 1883, endorsed upon this execution a levy “upon a lot *336of merchandise, &c., a list of which is attached within.” By written endorsement on the execution the plaintiffs’ attorneys released this levy upon the ground that the property was claimed by another person, and then the sheriff, on July 20, 1883, made a return of nulla bona upon the execution.

Upon the usual…