Rollins v. Hess

Statement of the case by

GkeeN, Judge :

The following are the facts in this case : On August 25, 1885, Henrietta Hess & Co.,the other persons who constituted the company not being stated, recovered against E. E. Baker *571before W. Franklin a justice ot Mason comity West Virginia $240.81 with interest from August 25, 1885, and costs $2.40; and two days thereafter an execution was issued on said judgment and was returnable in sixty days; but by oversight the justice Franklin failed to sign the execution. It was on the same day put into the hands of constable R. II. Van Matre to execute. He did not…