Casson v. Cureton

This cause was argued last year, and there being a difference of opinion between the two judges then present, it has stood over for judgment until this term.

The facts of the case are so fully stated in the opinions which my brethren have prepared, that it is unnecessary for me to repeat them. The question presented for decision is, whether a joint execution, which has issued against two defendants, being returned nulla bona as to one, and “proceedings stayed by order of plaintiff” as to the other, a separate capias can issue against him whose property could not be found.

I think not. The act…