Wactor v. Marshall

An execution in favor of Marshall, based upon a judgment rendered againstNWactor and several other persons, had been levied- upon certain of the property of Wactor. He filed an affidavit of illegality, which was received by the sheriff and returned into court. When the case was called for trial, a motion was made to dismiss it upon the ground that the affidavit did not state upon whose property the fi. fa. was levied, or that it was levied on, or proceeding against, the defendant’s property. The affidavit stated as follows: “a certain fi. fa. issued from the superior court of said [Taylor]…