case Cockram executor against Welby the statute of limitation can be plead to  a action of debt bring against a sheriff for money levy under a become facias  S C Freem S C Mod S C show Mod Mod ld ray l Peer wms Peer wms action upon the  case against a sheriff for that he levy such a sum of money upon a become  facias at the suit of the plaintiff and do not bring the money into court at  the day of the return of the writ per quod deteriorate be et damnum to have c  the defendant plead the statute of James c of limitation to which the  plaintiff demurrer barrel sergeant this action be within the statute it arise  ex quasi shrinking speak v Richard hob it be not ground on a record for then  no one fale record will be a good plea which it be not it lie against the  executor of a sheriff which it will not do if it arise exmaleficio Pemberton  this action be not bring upon the contract if we have bring a indebitalus  assumpsit which perhaps will lie then indeed we have ground ourselves upon the  contract and there have be more colour to bring we within the statute but we  have bring a action upon the case for not have our money here at the day per  quod de modern north chief justice a indebilatus assumpsit will lie in this  case against the sheriff or his executor and then the statute will be  pleadable I have know it resolve that the statute of limitation be not a good  plea against a attorney that bring a action for his fee because they depend  upon a record here and be certain this ensue Trinity term the matter be move  again the court give judgement for the plaintiff nisi causan c if the become  facias have be return then the action will have be ground upon the record and  it be the sheriff fault that the writ be not return but however the judgement  in this court be the foundation of the action debt upon the statute of Edward  c for not set out tithe be not within the statute for be born ex crime so the  ground of this action be crime and the judgement here give in both which  respect it be not within the statute of limitation