Boyd v. Stion

Decided March 2, 1870

Court of Appeals of Kentucky · decided 1870-03-02

<p>Executions — Excuse for Failure to Return.</p> <p>Where the plaintiff takes an execution out of the hands of the sheriff he cannot complain <m account of its not being returned.</p>

Decided 1870-03-02

¶1Opinion of the Court by

Judge Hardin :

¶2The evidence authorizes the conclusion that the sheriff’s failure to return the execution was caused by their being taken out of his hands by the plaintiff for the purpose of settling the accounts of Wooldridge and giving him credit therefor. This was a reason*281able ground for excuse for the failure to return the executions.

Feland & Evans, for appellant.Bitter, for appellees.

¶3Wherefore, the judgment is affirmed.