First National Bank of South Pittsburg v. Tate

This summary proceeding by the bank against the sheriff of Marion County and his bondsman to recover the amount of a judgment, $758.26, interest and penalty, was instituted by motion, upon notice, before a justice of the peace, under Shannon’s Code, section 5979, for the failure of the sheriff and his deputy to make due return of an execution to the justice’s court within thirty days after its issuance by the justice on a judgment in favor of the bank against James Anderson, J. F. Kelly and W. P. Grayson.

The sheriff died and the case was revived against his widow, ad-ministratrix, and the…