Short v. Landes

Rodney, J.,

delivering the opinion of the Court:

This case involves a consideration of some of the rights and duties accruing to or resting upon a Sheriff by virtue of his service of execution process. These rights and duties as existing in this State differ so materially from those existing at common law and from those obtaining in many American jurisdictions that some suggestion may be made of the differences having some materiality in the present proceeding.

At common law the goods of a defendant were bound by an execution from the teste date of the writ. This was found to be productive of…