Baker v. Smith

Illegality was interposed by T. H. Baker of the firm of J. D. Head & Co., to the levy of an execution against that firm in favor of T. E. Smith, administrator of' Gregg. A verdict and judgment in favor of the plaintiffs were rendered, and Baker excepted to certain rulings of the court. The levy was dated February 26,, 1879. The original affidavit of illegality was sworn to-on July 6, 1880. The ground thereof was, that the-execution had been fully paid oft' and discharged, and. should not be proceeding against deponent. When the case came on for trial at the January term, 1892, Baker offered…