Turner

delivered the opinion of the Court, with which Anderson, Justice, concurred.

The record discloses that a substitute sheriff, called in the statute an Elizor, was appointed to seize the property sued for, and it is said by the appellant that his appointment was without authority of law, and his act a nullity, because it is not shown, that there was no sheriff and coroner, or that those officers were disqualified.

The appointment was made by a judge having competent jurisdiction, and the presumption of law is, that he faithfully performed his duty.

Even if there was irregularity in such an appointment, this is not the tribunal in which first to raise the question. It should have been made in the Court receiving the officer’s return, by a motion to quash the service or levy.

It seems that in the proceeding which gave origin to the bond here sued on, there was no complaint filed. There was an affidavit claiming the property, and an order from the county judge to the officer, to take the property, &c.; all of which was done in accordance with the statute regulating suits for personal property. It is now insisted, that the bond taken by the officer under that proceeding, is not a…