Dixon v. Boyer

— This was a proceeding by notice and motion, under the 29th sect, of the act of 1838 subjecting real and personal estate to execution, commenced by Boyer against Dixon, sheriff of Greene county, for failing to return an execution, issued and directed to him from the Clark Circuit Court. The .defendant having failed to appear, judgment was taken against him by default, and a jury was impanelled to assess the plaintiff’s damages. Final judgment for the plaintiff.

The special errors assigned are, 1st, That it does not appear from the record that the plaintiff in error had notice of the suit;…