Shannon v. Clark

In this case, the Circuit Court overruled a motion against a Sheriff, for the penalty denounced by statute, for failing to return a fieri facias within one month after the return day.

On the hearing of the motion, it appeared that, after the execution had been levied on all the vendible property debtor, the creditor told the deputy sheriff, who made the levy, that it was his object, not to sell the debt- or’s property, but to secure it from sale by others, and instructed him therefore, uto hold up said execution, and not to proceed with the same.” It also appeared, that the depuadvertised,…