Marchbanks v. Rogers

JUDGE WHITE

delivered the opinion of the Court,

This was a motion by Rogers against Marchbanks, late sheriff of Marion county, for failing to return an execution. The record does not shew that the sheriff had notice of the motion as required bv statute, but the clerk in entering the judgement, has used the ordinary phraseology, “This day came the parties by their attorneys,” and has transcribed into the record, the execution for failing to return which, the motion was made, with an endorsement of the sheriff thereon, (not dated,) that the execution had been superseded ?

The assignment of errors…