Jones' Adm'r v. Brooks

This was a proceeding instituted under the 3d section of the act of 1826, (Olay’s Digest, 218, § 85,) and seeks to render the sheriff of Pike county liable for failing to make the money on an execution, which money, the suggestion avers, could have been made with due diligence. Pending the motion, the plaintiff in execution died. His death was suggested; and on motion, Ms administrator was made a party plaintiff, and the cause continued.

At a subsequent term, the judge decided, that this proceeding could not be revived; and he disposed of the motion at the costs of the plaintiff. It becomes…