Hamilton v. Matlock

Scire facias in favour of Matlock on the transcript of a justice’s judgment, &c. filed in the Circuit Court, to have execution against real estate. There are five *422pleas; 1. No recovery before the justice; 2. and 3. No transcript of the recovery on file and of record in the Circuit Court; 4. The return of “ no property” to. the execution is false; 5. The defendant had sufficient goods, and the pláintiff, by collusion with the constable, fraudulently procured the false return of “ no property.” The 4th plea was rejected on the plaintiff’s motion; and issues were joined on the others. The…