Hilson v. Kitchens

An execution purporting to have been issued from a justice’s court was levied upon certain personal property, and the progress of the same was arrested by an affidavit of illegality, alleging that the pretended judgment upon which the execution was issued was not rendered at a place lawfully appointed for holding justices’ courts. The case was carried by appeal to the superior court, and the issue raised upon the affidavit of illegality was submitted to the judge without the intervention of a jury. From the evidence introduced before the judge it appeared that the justice of the peace who…