Kellerman v. Commercial Credit Co.

Terrell, C. J. —

On March 6, 1928, a- default waS entered in a common law action wherein E. H. Kellerman was plaintiff and Commercial Credit Company was defendant. A jury was forthwith impanelled and after hearing testimony returned a verdict for the plaintiff on which final judgment was entered. On the same day execution was issued and placed in the h mds of the Sheriff of Hills-borough County to realize on the final judgment.

On January 13, 1930, the Sheriff made the following return to the execution: “Returned the within writ not executed by authority of an order issued by Judge Hazard dated…