Fennell v. Davis, I.

Jenkins, P.- J.

In this case a counter-affidavit to the foreclosure of a laborer’s lien was filed, and the defendant, without giving a replevy bond as authorized by law, gave a forthcoming bond payable to the sheriff, and under it kept the property levied on. On the return of the execution for trial, the counter-affidavit was dismissed, and, the judgment never having been excepted to, the execution was returned to the levying officer as final process. Upon the failure of the defendant to produce the property at the time and place advertised for the sale, a suit was brought in the superior…