Commonwealth ex rel. Steinaugh v. Rothwell
Commonwealth ex rel. Steinaugh v. Rothwell
Opinion of the Court
Opinion by
In this case it is made to appear from the evidence that no sale bond was ever executed to the appellants for the amount of their execution. The return of the sheriff may be prima facie evidence that the sale was made and the bond executed, but in this strict proceeding against him it is incumbent on him to show that a bond was executed in order that the plaintiffs may make their money, and it certainly should be required of the sheriff, when the clerk testifies that no such bond was. returned to bis office. He can easily ascertain the names of the obligors
Case-law data current through December 31, 2025. Source: CourtListener bulk data.