Herring v. Saulsbury, Respess & Co.

Warner, Chief Justice.

This was a proceeding to foreclose a lien on personal property, as provided by tiie 1991st section of the Code. The defendant filed an affidavit, alleging that the execution which had been levied on his property was proceeding illegally, because it was not stated in the affidavit foreclosing the lien that the same was made within one year after it became due; that certain described property, which liad been levied on, was not subject to levy in such a proceeding to enforce a factor’s lien; that $40 00 claimed therein as counsel fees cannot be collected in this manner by…