Wilson v. Huston

*332OPINION of the Court, by

Judge Owsxey.

This is a writ of error brought to reverse a judgment obtained by Huston on a motion made by him against Wilson as sheriff, for failing to return a fieri facias which had previously issued in favor of Huston against the estate of Samuel Wittic, and which had been delivered to Wilson to be executed.

The motion was predicated upon that provision of the act of 1810 relative to sheriffs, which makes them liable for the principal, interest and costs expressed in an execution, together with thirty per centum damage upon the amount thereof, for failing, neglecting…