Wesley v. Wood

Hazard,. J.

The above entitled action was tried before this court and a jury, and a verdict in favor of the defendant was rendered. Judgment has been entered dismissing the complaint and for eighty-two dollars and twenty-five cents costs in favor of the defendant, .and the defendant has issued an execution in the usual form against the plaintiff. It is claimed on behalf of the plaintiff that this procedure is irregular, and that the plaintiff is an officer of the court, and that an execution against him in his official capacity cannot issue, at least without the consent of the court. °

It is…