Atnip v. Gilbert

Wright J.,

delivered the opinion of the Court :

Gilbert had a judgment against Atnip in the Circuit Court of DeKalb County, and the sheriff who had the execution being unable to find any property of Atnip’s to satisfy the same, made return to that effect, and summoned Thomas Pack to answer upon oath what he was indebted to Atnip.

*182Pack, in answer, stated that be was indebted to Atnip as tbe stayor of one Milton wbo was dead, in a judgment before a justice of tbe peace, against tbe latter, in favor of Atnip to an amount greater than tbe debt to Gilbert; that this judgment remained unpaid, and bad…