
    Porter vs. Webb & Co.
    In a proceeding by motion against the sheriff, for the non-return of process, under the act of 1803, ch. 18, every fact necessary to a recovery must appear upon the face of the record, to give the court jurisdiction.
    The record must show from what court the execution issued, to what term returnable, and the amount of the judgment upon which the execution issued.
    This was a motion made against Porter, as sheriff of Giles county, for not returning an execution placed in his hands for collection, by the defendants in error. The proceedings against him in the circuit court of Giles county were as follows:
    “Ezra Webb & Co. vs. Thos. C. Porter, shff. of Giles c’tjj
    Thomas C. Porter, sheriff of Giles coVinty, failed to return the fieri facias against Lewis Charles M’Donald, Thomas Brown, Robe(( Thomas R. Brown, at the suit of Ezra within the time prescribed by law, and it beingl rily proved to the court, that the writ aforesaid was in the hands of said sheriff on the 29 th of September, 1831: Therefore, on motion of the plaintiff,” &e. [Here follows the judgment against the sheriff for $ 1,750 20, which is recited to be the amount of the original judgment, &c.
    
      Rivers and Combs, for plaintiff in error.
    
      F. B. Fogg, for defendant.
   Catron, Ch. J.

delivered the opinion of the court.

The first section of the act of 1803, ch. 18, provides, that if the sheriff shall fail to make return of an execution that may have come to his hands from the court of the county for which he is sheriff, on or before the second day of the term to which such execution is made returnable, judgment may be rendered against him and his securities for the amount of the writ, on proof that the execution came to his hands.

In this cause proof was made that the execution come to the sheriff’s hands: but from what court it issued, to what term it was returnable, or what was the amount thereof, does not appear.

In this mode of proceeding, every fact must appear upon the face of the record to give the court jurisdiction. 3 Cranch. 331.

Judgment reversed.  