Cooper v. Stonecypher

1. While a sheriff is not bound to levy and execute a justice’s court fi. fa. unless the difference in fees allowed constables and sheriffs for such service be paid him in advance, yet where he has such an execution in his hands, together with money belonging to the plaintiff in fi. fa. sufficient to pay all the costs of levying and enforcing the writ, and the plaintiff in fi. fa. points out, and directs him to levy upon, certain property of the defendant in fi. fa., which the sheriff agrees to do, he can not, in a rule subsequently brought against him by the plaintiff in fi. fa., plead as a…