Gyfford against Woodgate and Another
| Jurisdiction | England & Wales |
| Judgment Date | 06 June 1809 |
| Date | 06 June 1809 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 1018
IN THE COURT OF KING'S BENCH.
gyfford against woodgate and another. Tuesday, June 6th, 1809. In case against a judgment-creditor for maliciously suing out an alias fi. fa. after a sufficient execution levied upon the plaintiff's goods under the first fi. fa.: Held that the sheriff's returns indorsed upon the two writs (which writs had been produced in evidence by the plaintiff as part of his case) wherein the sheriff stated that he had forborne to sell under the first, and had sold under the second writ, by the request and with the consent of the now plaintiff, were prim& facie evidence of the facts so returned; credence being due to the official acts of the sheriff between third persons. In case, the declaration, after setting forth a judgment obtained by the defendants against the plaintiff, stated that they sued out a writ of fieri facias thereupon, indorsed to levy 711. Is. besides sheriff's poundage, &e.; by virtue whereof the sheriff, at the defendants' request, seized the plaintiff's goods to a much greater amount than was necessary; yet that the defendants, before the sheriff had made any return to that writ, and before they could lawfully sue out another, wrongfully and maliciously sued out an alias fieri facias, under colour and pretence thereof, indorsed to levy 721. 2s. 4d. besides poundage, &c.; whereby the plaintiff was put to unnecessary expence and oppressed, &c. The defendants pleaded the general issue, and also a licence, which was denied by the .replication. At the trial before Lord Ellenborough C.J. at Westminster, the writ of fieri facias [298] having been given on evidence on the part of the plaintiff, the following return annexed to it was required to be read by the defendants' counsel, as part of the instrument produced by the plaintiff; and though (a) Doe d. Tofield v. Tofield, ante, 246. II EAST, 299. LAW' V. HODSON 1019 resisted by the plaintiff's counsel, was directed to be read by his Lordship. It ran thus-"By virtue of the writ annexed, I have seized and taken in execution the goods and chattels of the within named E. Gyfford, in my bailiwick hereafter mentioned, to be sold and disposed of; and at the request of the within named E. Woodgate the Elder and E. W. the Younger, the plaintiffs, and E. Gyfford, the defendant, I kept and retained the same in my custody until the return of the annexed writ; and at the return thereof, in pursuance of an...
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