McDonald v. Todd

The facts appear in the opinion of the court, delivered in 1852, by

Gibson, J.

— The assignment of error indicates that the defence was put on the supposed official character of the plaintiff’s mis-payment, as sheriff; and of his means of ascertaining the fact, which was the basis of it. But that it was unofficial, appears by the exigence of the writ, which ivas to have the money before the judges at the return day. In contemplation of law, money made on an execution, is theoretically in court; though it is seldom- actually there, except where it has been ruled in, and then the party entitled…