State Ex Rel. Morris v. Clymer
Superior Court of Delaware
This was an action of debt on a Constable’s bond for the use of Morris, against Clymer and the co'-defendants as his sureties, to recover a balance of-$419.14 which it was alleged remained in his hands as Constable, and was due and payable to Morris after satisfying two executions levied and collected by him at the suit of Isaac C. Harrington against him on the sale of his goods, amounting in the aggregate to $121.34 and costs, and also an execution of William Hines against…
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This was an action of debt on a Constable’s bond for the use of Morris, against Clymer and the co'-defendants as his sureties, to recover a balance of-$419.14 which it was alleged remained in his hands as Constable, and was due and payable to Morris after satisfying two executions levied and collected by him at the suit of Isaac C. Harrington against him on the sale of his goods, amounting in the aggregate to $121.34 and costs, and also an execution of William Hines against him for $90 and costs. As one of the grounds of the defence it was shown that there were also other executions at the…
1Opinion of the Court
By the Court.
The venditioni exponas offered in evidence cannot be admitted until after the writ of fi. fa., which it followed and upon which it was issued, has been produced and put in evidence, or its absence lias been duly accounted for and it has been supplied by the usual and proper proof ''Hts loss and contents, which cannot be done by the mere Profoxetion of the venditioni itself.
Z'fffíom. The action could be maintained although it had ^een 80 d*¿ded i11 ti-16 courts of this State, but it had jMn in the courts of other States. The same rules of law r jF Jwhich govern sheriffs in the…
2Cases cited3 opinions
- Lawton v. ErwinNew York Supreme Court · 1832
- People v. Holmes & CaswellNew York Supreme Court · 1829
- Pixley v. ButtsNew York Supreme Court · 1823