Western Union Telegraph Co. v. Bailey

A lien for supplies was foreclosed in a justice’s court by Gilmore against Smith as his tenant. Certain property of Smith’s was levied upon under this fi. fa., and sold. The constable refused to turn over the proceeds to Gilmore, and the latter obtained a rule nisi against him. The constable answered that he had other fi. fas. in his hands claiming the funds. On the trial of the case on appeal to a jury in the justice’s court, the verdict was unsatisfactory to Gilmore, and he sued out a writ of certiorari, which was sanctioned by the judge of the superior court. Bailey was the attorney at law…