Legal Opinion

Finley v. King

Tennessee Supreme Court

Decided September 15, 1858Published

FROM HAMILTON. This was a petition for certiorari and supersedeas, filed in the Circuit Court of Hamilton County. At the July Term, 1858, Judge G-aut, dismissed the petition. The petitioner appealed.

1Opinion of the CourtWeight, J.

The Circuit Judge erred in dismissing the petition of Finley for writs of certiorari and supersedeas. He avers that he is the security of Rogers in the note and judgment in favor of King, and that an execution had been issued and levied on thirteen head of cattle, two horses, and »a wagon, as the property of Rogers, the principal in the debt, of value sufficient to pay it; but that no sale had been made of it, or credit given on the execution for said property; and that, after this levy, an alias execution was issued, and had been levied on the property of petitioner, disregarding the…

2Cases cited1 opinion

  1. Hays v. BarnettCourt of Appeals of Kentucky · 1803

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