Woempener v. Ketchum

Ketchum brought certiorari to justice’s judgment. He gave the usual bond. The judgment was affirmed, and proceedings thereon stayed for twenty days. During the life of the stay Ketchum sued out a writ of error, but filed supersedeas or other bond. After the expiration of the twenty days, and after return of the writ, and before the expiration of the thirty days within ■ which an execution must, under How. Stat. § 7029, have been issued in order to warrant its levy upon the property of surety, Woempener took out an execution, and caused it to be levied, upon the real estate of the surety.…