Smith v. Brown

Warner, Chief Justice.

This case came before the Court below on an affidavit of illegality to an execution. The Court dismissed the defendant’s affidavit of illegality, to which he excepted. At the term of the Court at which the judgment against the defendant was rendered, on which the execution issued, an order was granted by the Court, on motion of defendant, (the plaintiff’s counsel being absent,) allowing him ten days to make a motion for a new trial at Chambers. The counsel for plaintiff and defendant failed to agree to a brief of the evidence in the case, and no application was made to…