Anonymous

4 How. Pr. 112

Opinion

Willard, Justice,

held that, as between the plaintiff and defendant, the judgment was regular, and there being no affidavit of merits, it could not be disturbed. The return of the sheriff to the capias was matter of record, and could not be impeached in that collateral way, especially where there was no pretence of fraud or collusion. (See Evans v. Parker, 20 Wend. 622; Baker v. McDuffie, 23 Ib. 289; Mentz v. Hanman, 5 Whart. 150.) Motion denied, with $10 costs.