Ditsch v. Finn

On May 31, 1932, a justice court judgment was duly rendered in favor of the plaintiff and against one Eldon Fish. Execution on said judgment was duly issued and delivered to the defendant on July 13, 1932. The terms of the execution required that it be returned to the justice of the peace within thirty days. The execution was not so returned and had not been returned up to the time of the trial herein.

*307The plaintiff’s action is based upon sec. 303.25, Stats., which provides:

“If an officer neglect to return an execution within five days after the return day thereof or shall neglect to serve the…