Craig v. Gresham

Two questions arise in the case presented by this record:

First: Does the fact that an execution has been issued and returned ‘no property found’ on a judgment, where one of the defendants is principal, and the other is merely a surety, excuse the failure of the creditor to sue out another execution, during a period of more than seven years, and take the case out of the operation of the statute of 1838? We decide that it does not have that effect. It does not come within the excepted cases mentioned in the statute, nor is there any good reason why it should have the effect contended for. The…