Hogan v. Walsh

An execution in favor of James H. Walsh against W. J. Hogan was levied upon property of the defendant. This levy was arrested by an affidavit of illegality on the ground that there was “ no judgment or decree rendered upon the suit of James H Walsh against him in said case in the superior court, as a foundation for the issuing of said fi. fa.” The issue thus made was submitted to the judge of the superior court, without tbe intervention of a jury, and the following documentary evidence was submitted: (1) The petition in a suit by Walsh against Hogan, in which petition it was alleged they were…