Cutler v. Colver

3 Cow. 30

Opinion

Curia.

Had there been no effort, on the part of the Sheriff, to execute this fi. fa. it would be, at least, questionable whether the plaintiff might not have withdrawn it and taken his ca. sa. But here was a virtual levy of the fi. fa. after which it could not be withdrawn, its execution should have been completed.

(a) The ca. sa. must be set aside, on the defendant’s stipulating not to bring false imprisonment.

Rule accordingly.

12) Vid. Sloan v. Wattles, 13 John. 158;