Hartshorn v. Halsey , 1 Root 92 ( 1784 )

To this declaration the defendant demurred; because there is no averment, that said judgment and execution remain in force, unreversed and unpaid. The County Court judged said declaration to be insufficient; which judgment was reversed by the Superior Court upon the writ of error; because those averments are unnecessary in the declaration, in an action brought by an officer against the receiver of property taken ‘by execution.