McInerney v. Chicago Times Co.

This action was commenced against appellant, a constable, who had sold certain property levied upon by him under certain writs in favor of the appellee, but had not paid over the money on one of the writs at the time this action was brought.

There is some contention on the part of appellant, that the money in controversy should be applied on an execution in favor of another judgment creditor of the defendant in the executions, the lien of which it is claimed is prior to that of one of appellee’s executions; upon that contention it is not necessary that we should pass.

The record shows that the…