Neale v. Jeter

Appellee interposed his plea in bar of the prosecution of the appeal in this case, alleging that he sued out a fieri facias on the judgment appealed from, which was levied on personal property oí appellant, who, for the purpose of retaining the possession thereof, entered into a delivery bond, with security, which was returned forfeited by the sheriff. The appellant moved to strike out the plea.

If it be true, as alleged in appellant’s motion to strike out, that the fieri facias was sued out, etc., after an appeal was regularly taken from the original judgment, and recognizance entered into…