Petty v. People

This was a soire fadas'M.pon a forfeited recognizance. There was judgment for the people and the record is brought here on appeal by the surety. The objections urged in the brief will be noticed in their order. It is first urged that the return of the sheriff was bad, because it showed merely that he had not found defendants in his county. Counsel suggest the sheriff had power to serve the writ anywhere in the State.

There is no force in the suggestion. The sheriff could not serve the writ out of his own county, nor conld the writ properly require him to do so.

But if the writ and return were…