Muscott v. Woolworth

Bacon, Justice.

This action is brought against the sheriff of Lewis county, to recover for money collected by him on an. execution in favor of the plaintiff against one James H. Sheldon. The complaint sets forth a judgment recovered by the plaintiff against Sheldon on the 23d of July, 1856, for $120.92, damages and costs, and an execution duly issued thereon; and avers that on the 4th of September, 1856, the said Sheldon, without any levy having been made thereon, paid the amount to the defendant in this suit, as sheriff of -Lewis county, who thereupon returned the execution satisfied—that the…