U-Driv-It System of MacOn Inc. v. Lyles

(After stating the foregoing facts.) The original judgment on which the garnishment proceeding was based was rendered on December 23, 1926; the execution issued thereon was never entered on the general execution docket. The plaintiff paid the costs on April 17, 1928, and within seven years thereafter turned the execution over to a levying officer to be executed and returned and it was lost or misplaced by him. According to the record, nothing further was done with reference to the judgment and execution until April 8, 1942, when the plaintiff filed a petition asking that an alias execution be…