Smith v. Lockett

Blandrord, Justice.

[A fi. fa. was levied and claim interposed. On the trial, claimant moved to quash the execution and dismiss the levy, because the clerk had no authority to issue the fi. fa. after the death of one of the two defendants, and because the fi.fa. was issued for costs in addition to the debt, when the judgment showed that the plaintiff assumed to pay the. costs. The motion was sustained, and plaintiff excepted.]