Bowden v. Hatcher

Bleckley, Chief Justice.

This was an affidavit of illegality founded on the fact that judgment was rendered at the first term of the court actually held after the suit was brought. The *78appearance tenn. of the case was February term, 1887 ; but for some reason that term of the court was not held, and no court actually sat in the county until August term of the same year. That was treated as the trial or judgment term of the case, and judgment was rendered accordingly. No exception was taken, but after execution was issued and levied, an affidavit of illegality was filed, making the question…