Hatfield v. Hatfield

Me Adam, Oh. J.

—If execution be returned satisfied, the plaintiff may proceed against the sheriff by rule of court— i. e., attachment—or by action. Tidd’s Pr. (Am. Notes), 1019; Graham’s Pr. (2d ed.), 366; Crocker on Sheriffs, § 424. It is a necessary part of the return that the sum realized (unless paid to the judgment creditor or his attorney) be brought into court. Adams v. Bowe, 3 Civ. Pro. R., 194, 195; Crocker on Sheriffs, § 424.

Motion for attachment granted, unless within ten days the sum of $383.74, with interest from the time of the return—to wit, April 14, 1888-—is paid into court.