Brock v. Brock

This is a case in which the doctrine of res adjudicata fully applies. Burton Brock had an attachment levied upon the land of John N. Brock, the attachment being returnable to a justice’s court. The justice rendered judgment upon the attachment, and the defendant took the case by certiorari to the superior court. ITis certiorari was overruled, and execution, issued upon the judgment, was levied upon the land of John N. Brock. The latter then filed an affidavit of illegality to the execution. This affidavit of illegality was dismissed by the court, as insufficient in law; and John N. Brock…