Locke v. Brady
Mississippi Supreme Court
In error from the Circuit Court of Yallabusba county. Hon. T.,M. Rogers, judge. The facts of the case sufficiently appear in the opinion. The following brief was filed on behalf of plaintiff in error, by O. P. Sheppard. Brief. — The court erred in setting aside the verdict and judgment, and dismissing the scire facias. 1. The objection urged, could only have been taken by plea. The scire facias need only show an existing judgment; that being the basis of plaintiff’s title.
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In error from the Circuit Court of Yallabusba county. Hon. T.,M. Rogers, judge. The facts of the case sufficiently appear in the opinion. The following brief was filed on behalf of plaintiff in error, by O. P. Sheppard. Brief. — The court erred in setting aside the verdict and judgment, and dismissing the scire facias. 1. The objection urged, could only have been taken by plea. The scire facias need only show an existing judgment; that being the basis of plaintiff’s title. But it would have been a sufficient answer to this objection, that plaintiff’s judgment had been impaired, and that a…
1Opinion of the Court
Mr. Justice Haíídy,
delivered tbe opinion of tbe court.
On tbe 28tb March, 1838, tbe plaintiff in error recovered a judgment against tbe defendant, on wbicb a writ of fieri facias was issued in July, 1838, and levied on a stock of goods, wbicb, by agreement, were not sold under tbe execution. An alias fieri facias was issued in 1841, wbicb was also levied on a stock of goods, but no sale was made, and tbe execution was indorsed by tbe plaintiff’s attorney, that it was “ held up by request, and that no sale of property was to be made, nor other execution issued until further orders.” No other…
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