Ryman v. Clark

4 Blackf. 329, 1837 Ind. LEXIS 50

Opinion

A FIERI FACIAS was issued by a justice of the peace and dated on the 21st of July, 1836. Held, that the 36 days from the date of the execution, within which the constable was bound to return it, expired on the 25th of August, 1836; and that, therefore, a scire facias against the constable, dated on the 26th of August, 1836, for not returning the execution, was not objectionable as having issued too soon. Jacobs v. Graham, 1 Blackf. 392.—Arnold v. The United States, 9 Cranch, 104.