
    Cadwallader vs. Ringgold.
    haYbeeniaidóña witifof exeSn issued fit™ the ITl particular can be'’rendereda against him in that court under the act of 1794, ch. 54, retifrnbyítedayí'' nffldaV'thcCstatin"n that theWcíníon rflohlm.lfr’thít vlthaconyof rule. c ,
    . Wind&a, for the Plaintiff, obtained a rule on- the sheriff Washington county, to return the writ of fieri facias, ¡gSue(l in this case, by the 18th-instant. The time having expired, and no return being made, he moved the court for judgment against the sheriff under the aqt of 1794, ch. 54* S 1, 7 y
   Chase, Ch. J.

Unless there is an affidavit stating that *^e execu,-'on had been delivered to the sheriff, or that a copy of the rule on the sheriff to return it has been served on him, the court cannot enter a judgment against the 'ias been the practice adopted by this court in similar cases.

RULE DISCHARGED.  