Ewing v. Thompson

It appears in this suit that a common order and judgment has been taken against Morris, the defendant in the court below, and against Ewing as sheriff, the return on the writ being “ executed and escaped.” The court is of opinion that those proceedings against Ewing were not authorized by law, and may be highly unjust; because by law sheriffs are only culpable when escapes *129are -willfully or carelessly permitted by them, and such facts must be ascertained by a jury in a special action on the case. And it further appears that this suit is founded on a bond for foreign currency, and the value…