Taylor v. Daniel

This action of assumpsit was brought by Taylor & Byers, assignees, against Daniel, as the assignor of a note executed by Green White, whosé administrators were prosecuted to a judgment and return of “nulla bona,” and the only question necessary to be stated is, whether due diligence had been used in taking out execution on the judgment against said administrators.

It appears that twenty three days had elapsed after the rendition of the judgment, before the execution issued, which shows a delay of ten days after the execution might, by law, have been taken out. It was *54proved, by the attorney,…