Ham v. Rogers

This was an action of trespass quare clau-sum fregit. The writ was issued by the clerk of the Circuit Court in Montgomery county, in which county the trespass was alleged to have been committed. There were four defendants, all of whom resided in Clinton county, to the sheriff of which county the writ was directed, and was byhim there executed on the defendants. On the return of the writ to the Montgomery Circuit Court, an attorney, as amicus curia,, moved the Court to quash the writ, and the motion was sustained.

This decision is right. A writ can not be directed to the sheriff of a different…