W. T. Rawleigh Co. v. Howell

Section 4242, Code 1942, fixes a penalty upon a sheriff who “shall fail to return any execution to him directed, on the return-day thereof,” in an amount equal to the amount of the execution with costs and interest. Appellant as a judgment creditor filed its motion for enforcement against the appellee as sheriff of Monroe County pursuant to the statute. Motion was denied and the judgment creditor appeals.

The return day of the writ was March 1, 1943. A purported' return nulla bona was made April 16-, 1943. The defense was based upon the alleged invalidity of the writ as issued by the clerk…