Blakely v. Weaver

The action is in the nature of false imprisonment upon execution issued upon judgment of justice’s court against the plaintiff, which directed the constable to satisfy the judgment out of the personal property of the judgment-debtor, and if sufficient could not be found to satisfy it, to arrest and convey him to the jail. The alleged ground of the charge is that the defendant, who, as constable, had the execution, arrested the plaintiff without first having sought to satisfy the execution out of property, and that he refused to levy the execution on property of the plaintiff, which the latter…