Hendricks v. McCausey

E. L. McCausey and Lena McCausey, defendants and appellees, recovered a judgment for a substantial amount against Herman Hendricks, plaintiff and appellant, by way of set-off and recoupment. A writ of execution was issued December 24, 1940. On January 6, 1941, plaintiff filed his claim of appeal from said judgment, taking ‘ ‘ a general appeal in the nature of a writ of error.” He filed no supersedeas bond. On January 22, 1941, the writ of execution was returned and filed, unsatisfied. Thereafter defendants instituted the present proceedings, supplementary to execution, in the cir cuit court…