Welborn v. Jolly

This is a proceeding for the purpose of obtaining execution from the Circuit Court, on a judgment of a justice of the peace. It is instituted under the 48th section of *280the “ Act regulating the jurisdiction and duties of justices of the peace.” Rey. C. 1831, p. 309.

A transcript of a judgment in favour of the appellee against Jesse Y. Welborn, rendered by a justice, was filed in the clerk’s office, together with a certificate that execution upon the same had been issued to the proper officer, and by him returned “ no property found.” A scire facias issued from the Circuit Court against Jesse Y.…