Cooper v. Potter

M-r, Justice McKiNNEy

delivered tlie opinion of the Court.

This is a summary motion by petitioner Cooper, entered in the Circuit Court of Fentress County pursuant to section 9518 of the Code, against Sheriff Taylor for making an insufficient return of an execution. The trial court dismissed the petition because it failed to state a cause of action, and Cooper has appealed to this court and assigned error on the action of the trial court in dismissing’ his petition.

Cooper obtained a judgment in the circuit court against Potter for $100 and costs, upon which an execution was issued and placed in…