Gaskill v. Aldrich

—The questions in this case are, first, whether a paper, issued by a justice of the peace to a constable, merely reciting the rendition of a judgment, as appears of record on his docket, with the addition of the words “ by levy and sale of the goods” of the judgment defendant, “ and make return thereof within six months from date,” without any other words of command or direction to the constable, will justify him in levying upon and taking the goods of the judgment defendant. We answer that it will not. 2 G. &. H. 601, sec. 77; same, p. 612, form No. 4.

Second. Whether a constable can sell…