
    Robinson vs. Harrison.
    An officer will not be held liable for the non-return of an execution, when his failure has been produced by the instruction or intermedling of plaintiff.
    
      A. Ewing, plaintiff in error.
    
      Marshall and Figures, for defendant in error.
   Turley, J.

delivered the opinion of the court.

We think that the neglect of the officer in not returning the venditioni exponas, for which he is sought to be made liable, by motion, was produced by plaintiff himself, and that he ought not to be permitted to obtain an advantage by it.

It never has, and never ought to be held, that a sheriff, or other officer, should be made liable for the non-return of an execution, when his failure to do so, has been the result of the instruction, or intermedling of the plaintiff.

Let the judgment be affirmed.  