Cramer & Co. v. Truitt

To the levy of an execution based on a judgment rendered by a justice’s court in favor of S. M. Truitt, an affidavit of illegality was interposed by H. N. Cramer & Company, the defendants in execution. The issue thus formed came on for trial before the magistrate, who, after the introduction of certain evidence offered in behalf of the respective parties, dismissed the affidavit of illegality. Cramer & Company thereupon sued out a certiorari to the superior court, the overruling of which is assigned as error. It appears that on the trial before the magistrate the plaintiff in fi. fa.…