Greiner v. Prendergast

The judgment of the court was pronounced by

Slideil, J.

This action is for damages alleged to have been sustained by ihe plaintiff, in consequence of the sale of plaintiff’s property seized under a fi. fa., which it is averred was Wrongfully issued, pending an appeal, on a judgment obtained by Prendergast against Gi'einer, the present plaintiff. The defendant pleaded the general issue, and prescription.

*377That the fieri facias was illegally taken out results from the decision of ihe Supreme Court in Greiner v. Prendergast, 2 Rob. 235. Nor was the issuing of the execution, under which the sale was…