Shell v. Huddleston
Tennessee Superior Court for Law and Equity
Suit before a single Magistrate, appeal to the county court, and from thence to this court. The plaintiff owed a person of the name of Norman $ 10, who obtained a judgment before a justice of the peace. Execution issued ; was levied by the defendant, and $ 9 75 cents made.
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Suit before a single Magistrate, appeal to the county court, and from thence to this court. The plaintiff owed a person of the name of Norman $ 10, who obtained a judgment before a justice of the peace. Execution issued ; was levied by the defendant, and $ 9 75 cents made. The execution issued in September 1806, and no return was made to the justice, till the 15th of Janury 1809. It appeared that the defendant made a second levy, but whether for the same debt; whether he had levied by a new execution, or levied by virtue of the old, did not appear, nor was ascertained. To relieve his property…
1Per curiam
If the jury should be of opinion, that the defendant levied on the same execution a second time, after it had been satisfied by the first levy ; and that the plaintiff assigned the note to relieve his property from execution, they ought to give a verdict for the plaintiff. But otherwise, if the plaintiff voluntarily assigned the note, without any restraint whatever. The execution should have been, returned within twenty days after it issued, but not returning it in time, would not vitiate the proceedings under it. It was not made to appear when the constable levied on, and sold the property.…
2Cited by2 opinions
- State v. WilliamsonSupreme Court of Missouri · 1936
- Anderson v. BowlingTennessee Supreme Court · 1850