Bittman, Taylor & Co. v. Mize

Opinion by

StraNG, C.:

This was an application to amerce C. D. Nelson, sheriff of Barber county, for failure to return an execution issued out of the district court of Harper county, in the case of Bittman, Taylor & Co. v. W. O. Mize, within the time prescribed by law. The application was heard by the court January 26, 1887. Plaintiffs introduced their evidence and rested their case. The defendant Nelson demurred to the evidence of the plaintiffs, which demurrer was sustained, and judgment was rendered against the plaintiffs for cost. A motion for a new trial was overruled. The plaintiffs bring…