Rhodes-Burford Furniture Co. v. Mattox

The appellants sued appellee before a justice of the peace to recover personal property. In that suit appellee recovered judgment for the return of the property and $10.00 damages. Execution issued for this sum, whereupon appellants brought suit in the Floyd Circuit Court against appellee and the constable to enjoin any levy or proceedings under said execution, in which action an order was issued on September 29, 1893, temporarily restraining appellee and the constable from enforcing the execution. On October 26 this order was *222dissolved. A demurrer was afterwards sustained to the complaint…