Payne v. Thompson

An execution having issued out of tbe probate court against tbe appellant, as surety of Perryman, in bis administration of tbe estate of James Thompson, be applied to the judge of the Circuit Court for a supersedeas returnable into tbe circuit court. Tbe judge granted tbe writ, and also a certiorari commanding tbe probate judge to send' up to tbe circuit court all matters of record touching tbe issue of tbe execution, “ that said circuit court may determine what of- right ought to be done in tbe premises.” A transcript was sent up showing a revivor, on tbe 13th of March, 1871, of a judgment…