Moody v. Mahurin
Superior Court of New Hampshire
Case against the defendant, the sheriff of the county of Coos, for neglect of his deputy to return an execution and to pay over money collected.
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Case against the defendant, the sheriff of the county of Coos, for neglect of his deputy to return an execution and to pay over money collected. The cause was submitted to the decision of the court upon the following facts. . The plaintiff having sued out a writ in his own name, against D. Evans, of Shelburne, in the county of Coos, and caused the goods of the said Evans to be attached by virtue of the writ, and having obtained a judgment of this court here in the said suit, at September term, 1825, for $209,80 damage, and $15,16 costs, sued out execution on the 19th Sept. 1825, and enclosed…
1Opinion of the CourtRichardson, C. J.
The law of this case is extremely clear. When an officer has collected the money upon an execution, it is his duty to return the execution to the court, when and where it is returnable.
In New York, and in England, the officer is bound in such a case either to pay over the money to the plaintiff, or pay it into the court on the return day of the execution. 18 Johns. 131, Rickey v. Bowne; 1 Starkie, 388, Moreland v. Leigh; 2 Brod. & B. 77 Tidds Prac. 929.
This rule of law rests upon the form of the fieri facias, which commands the sheriff to have not only the writ, hut the money, in court on the…
2Cases cited4 opinions
- Esty v. ChandlerMassachusetts Supreme Judicial Court · 1811
- Wakefield v. LithgowMassachusetts Supreme Judicial Court · 1807
- Warren v. MainsNew York Supreme Court · 1811
- Rickey v. BowneNew York Supreme Court · 1820
3Cited by2 opinions
- Runlett v. BellSuperior Court of New Hampshire · 1831
- Grafton Bank v. WhiteSuperior Court of New Hampshire · 1845