State ex rel. Gooch v. Robinson

The opinion of the Court was delivered by

PochÉj J.

Relator complains that an illegal and unwarranted exe*969cution against Mm has been issued by respondent, under the following circumstances:

As a judgment creditor in respondent’s court, relator issued an execution and caused the seizure of property belonging to his debtor; and on the opposition of a tliird party, a judgment was rendered by the justice of the peace, allowing- the proceeds of the property thus seized to the third opponent.

Subsequently, demand was made upon relator by the constable of the court for payment of costs incurred in the…