Peck v. Hurlburt

By the Court, Johnson, J.

The action is brought against the defendant, to recover damages accruing from his neglect to return a certain execution duly issued upon a judgment against Theodore D. and' Anthony Yorks, and delivered to him as sheriff of the county of Livingston, and to make the money thereon. Amongst other defenses the defendant set up by his answer the statute of limitations. It was agreed and admitted that the execution was received by the defendant on the 5th of July, 1859, and a levy then made, This action was commenced the 6th of October, 1864. The plaintiff was nonsuited on…