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sheriff acting under writ

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 30 U.S. 90 - John Livingston v. Moses Smith · 1831Most cited · 3 citing opinions

Can a sheriff, without notice, be responsible for levying an attachment on a satisfied debt, or for not redelivering the property attached, without a discontinuance, or at least notice, of the satisfaction? We say nothing of the rights or remedies of the defendant in attachment against the plaintiff: the question here is, whether the sheriff, under such circumstances, is not warranted by his writ in proceeding to act. How can he undertake to decide the question of liability between the parties; or what security has he against the plaintiff, should he act erroneously in not pursuing the exigences of his writ?