Bank of Atkins v. Wirth

This is an appeal by a creditor, resisting a debtor’s claim for personal property exemptions.

In 1940, appellant obtained judgment against appellee in the justice of the peace court for $216.54 and interest and costs. After nulla bona return, the transcript of judgment was filed in the office of the circuit clerk, and all subsequent proceedings have been on writs issued out of the circuit court (§ 8440 et seq., Pope’s Digest). In 1940, appellant obtained an execution, but appellee filed his schedule of personal property exemptions, which was allowed. No further effort for collection was made…