Rogers v. Anderson

OPINION

BROCK, Justice.

Plaintiff, Henry Palmer Rogers, seeks a summary judgment under T.C.A., § 25-301, against Fate Thomas, Sheriff of Davidson County, for failure to return an execution within the time provided by law.

Plaintiff obtained a judgment by default against the original defendant, Charles Anderson, in the Circuit Court of Davidson County for the sum of $27,000.00. The circuit court clerk issued an execution for the judgment and caused the same to be delivered to the sheriff. The sheriff entrusted to a deputy, Ed Little, the responsibility of making a return on the execution by the…