Church v. Hay

Franklin, C.

— In this ease a demurrer was sustained to the complaint, and that ruling presents the only question for consideration, and is the only error assigned.

The complaint seeks to enjoin the sheriff from collecting a judgment for damages and costs recovered against appellants as tenants holding over, for the reason that the judgment for costs is a debt growing out of and founded upon a contract, express or implied.

There need be no controversy about the judgment, after its rendition, being a debt, without reference to whether it *324grew out of contract or tort; and in this case it is…