Hall a. Ayer

It was irregular to issue an execution against the body before the execution against the property was returned. The execution appears to have been filed, but the sheriff omitted to indorse upon it the proper return. This error, however, is amendable, and as it is the fault of the sheriff rather than the attorney, he should be allowed to indorse the return nunc pro tunc on payment of the costs of the motion.

It is also urged, as a ground for denying this motion upon the merits, that the settlement was in fraud of the attorney’s claim for costs.

The parties agreed to settle by releasing claims…