Ethridge v. Taylor

A petition for certiorari was brought by the defendant in error, to review the judgment of a justice of the peace in overruling an affidavit of illegality interposed to the levy of an execution issued from the justice’s court. The magistrate returned the following answer: “In reply to the certiorari in the case of W. A. Ethridge vs. Wes Taylor, all parties were legally notified and appeared at the regular term of court. Court was opened and Wes Taylor was called, but he refused to be sworn in the case. He also refused to have his witnesses called.' He did not *610ask for any continuance of the…