Wilmer v. Westerman

In effect the hill of complaint in this case alleges that the defendant obtained a magistrate’s judgment against Francis IT. Westerman, who subsequently died without leaving any estate; that the defendant caused, the writ of scire facias to he issued on the judgment, and, without notice to the plaintiff, a judgment of fiat was entered against him, as the personal representative of the deceased judgment debtor, for the sum of $77.08; that the defendant threatened to have execution issued on the judgment and levied on the plaintiff’s individual property; that the plaintiff is not indebted in…