Cadwallader v. McClay

Irvine, C.

Charles T. Weber, an infant, by his father as next friend, recovered a judgment before a justice of the peace in Lancaster county for $107 and costs. A transcript of this judgment was filed in the office of the clerk of the district court, and after certain proceedings in aid of execution, an execution was levied upon real property of Cadwallader occupied by him and his family as a homestead. Before the sale this suit was begun by Cadwallader against the sheriff of Lancaster county and Weber for the purpose of vacating the judgment and enjoining the enforcement thereof. H. L. Love…