Barstow v. Thorne ( 1846 )

Bronson, Chief Justice.

On looking into the papers, I am confirmed in what was said on the argument. The sheriff has paid over, the money on the junior execution, and the plaintiff, Barstow, if he has been injured, has a complete remedy by action; he can sue for the money, or rule the sheriff to return his execution, and then sue for a false return.

Motion denied, with $7 costs.