Buckner v. Terrill

Opinion of

the Court.

AS the errors assigned relate only to the proceedings by the ministerial officers, the clerk, sheriff, &c. none of which, except one, have been complained of in the inferior court, the principles decided by the case of Smith vs. Carr,* forbid an inquiry into any but that which was adjudicated by the inferior court; that is, that the execution ought to have been quashed, because it was issued after the death of Terrill, who was the plaintiff below. To this objection it is proper to observe, that the original fi. fa. had been executed, and one or more writs of venditioni…