Nowlin v. Tibbits

The action in this casp was brought to recover upon a bond given upon the appeal of a cause from justice’s court to the circuit. The appeal was dismissed for non-payment of the proper fee, and an execution thereupon issued by the justice upon the judgment and returned unsatisfied.

The circuit court held that the plaintiff could not recover because he had not exhausted his remedy against the judg- ■ ment debtor by causing a transcript of the justice’s judgment to be taken to the circuit court, and issue and return of execution thereon.

This was erroneous. The statute provides that the plaintiff…