State, Use of Jewell v. Porter

charged the jury,

That it was the duty of the constable to levy on execution process placed in his hands as speedily as he reasonably can do so: and if from his neglect the debt is lost, he and his sureties are liable. What would constitute reasonable diligence must depend on the circumstances of each case. That the jury must apply the proof to this rule, and say if the constable in this case did “well and diligently” execute this process.

The jury found a verdict for the defendant; but the court, without hesitation, set it aside and granted a new trial.