Lindsey v. M'Clelland

*262OPINION of the Court, by

Judge Bibs.

— At the December term of the general court in the year 1803, M’Clelland, asíate sheriff oi Shelby county, produced a notice (duly served upon the defendants ten days or more previously,) of an intended motion against Lindsey, his deputy, and two of said Lindsey’s securities, to recover judgment against them, for a balance of revenue tax, due for the year 1802, and accordingly had judgv ment; which by a subsequent order, was to await the event of a motion by the commonwealth against said M’Clelland.

At the December term 1805, said M’Clelland produced and…