Crowder v. . Stiers

DeviN, J".

The question presented by this appeal arose upon a motion in the cause to recall an execution against the person of the defendant. It was contended that the execution was invalid in that it was issued pursuant to a judgment based upon a mere finding by the court as to a material fact not supported by the verdict of the jury.

The facts were substantially these: Plaintiff instituted bis action against the defendant for slander. The words spoken were alleged in the complaint to amount to a charge of larceny. Two issues were submitted to the jury and answered as follows: “(1) Did the…