LeMaster v. Orr

W. N. LeMaster interposed an affidavit of illegality to the levy of an execution against him as executor of W. A. LeMaster, deceased. One of the issues made by this affidavit was, “that defendant had never been served nor acknowledged service or waived' copy or process of the petition, by himself, agent or attorney, nor appeared and pleaded or authorized any one else to do so for him.” The court directed that this issue be tried separately, and to this direction the defendant in fi. fa. excepted, assigning the same as error. On the trial of this issue, the plaintiffs in fi. fa., J. M. & W. C.…