United States Rubber Co. v. Ashback

On December 23, 1958, plaintiff in error, hereinafter referred to as the plaintiff, obtained a judgment against John Ashback (and others not involved in this controversy) for approximately $30,000. On January 9, 1959, an execution based on the judgment was placed in the hands of the sheriff of La Plata county. A nulla bona return was made by the sheriff on this execution.

There was some evidence tending to prove that after expiration of the original writ an alias execution was placed in the hands of the sheriff. Indulging all inferences in favor of the plaintiff, the last execution received by…