Carnahan v. Brown

This was a motion to set aside an execution for irregularity. Carnahan, the appellant, recovered a judgment in a personal action against one Ward in the Circuit Court. Brown, the appellee, entered himself bail for the stay of execution. Carnahan sued out a joint fi. fa. upon the judgment against Ward and Brown, describing the latter as replevin-bail. Before the execution issued, and within a year preceding the trial of the motion, Ward died. On the motion of Brown, the Circuit Court quashed the execution.

We think there was no good reason for setting aside the execution. By virtue of the…