
    Mott v. Smith.
    In an action for a malicious attachment, the official return of the attachment is not conclusive, but may be contradicted by parol.
    Case, for a malicious attachment for rent, not due, under the Act of Virginia, of 29th November, 1792, § 8, p. 154'; the tenant being about to remove.
    
      Mr. Taylor, for the defendant,
    moved the Court to instruct the jury that the attachment was not laid, the return of the officer being “ not executed by order of the plaintiff,” (the present defendant.)
   The CouRT

(Ckanch, C. J., contra,)

decided that the return was not conclusive; but that the plaintiff (although he had produced the writ of attachment, and its return, in evidence,) might contradict the return, by parol.  