
    J. A. Boyd v. J. D. Stion et al.
    Executions — Excuse for Failure to Return.
    Where the plaintiff takes an execution out of the hands of the sheriff he cannot complain <m account of its not being returned.
    ARPEAD FROM CHRISTIAN CIRCUIT COURT.
    March 2, 1870.
   Opinion of the Court by

Judge Hardin :

The evidence authorizes the conclusion that the sheriff’s failure to return the execution was caused by their being taken out of his hands by the plaintiff for the purpose of settling the accounts of Wooldridge and giving him credit therefor. This was a reasonable ground for excuse for the failure to return the executions.

Feland & Evans, for appellant.

Bitter, for appellees.

Wherefore, the judgment is affirmed.  