Morrison v. Penniman

By the Court,

The writ was not functus officio; although originally directed to the sheriff of another county, it was not delivered to him, and was never available process until put into the hands of the officer who served it. The test in these cases is, has the clerk been defrauded of his fees l This cannot be pretended here. The writ never was used so as to defraud the clerk. The motion is denied.