Farmers' Bank v. White

Opinion by

Judge Cofer :

Although the statement in the original response, to the effect that the fi. fa. was left with the clerk of the Campbell Circuit Court before the return day, and was retained by him continuously until September 19, is inconsistent with the statement in the first paragraph of the amended response, yet that inconsistency is not very material.

The only issue in the case was whether the sheriff had a reasonable excuse for his failure to return the fi. fa. within thirty days after the return day, which was the first Monday in June. It is, *655therefore, not material where the ñ.…