¶1A promise, made to a Sheriff, who had suffered an execution to run out in his hands in consideration that he would not take out an alias execution, is void for want of consideration ; the Sheriff having no authority to pray out execution unless directed or empowered by the creditor; no costs were allowed in this case the decision being made on motion in arrest, by defendant.
1 Brayt. 24
Flagg v. Walker
Decided July 1, 1817
Supreme Court of Vermont · decided 1817-07-01
Decided 1817-07-01