Stewart v. Nunemaker

This suit was commenced by a scire facias, issued by a justice of the peace, against Stewart, as replevin-bail for-the stay of execution upon a judgment Nunemaker had obtained against one Bartholomew.

Stewart filed three pleas. The first and second, (which are substantially the same,) allege that afi.fa. was issued on the judgment, and was levied, by the marshal of the city of New Albany, on a mare, the property of the execution-defendant, of sufficient value to satisfy the writ, and that the levy had not been disposed of.

The third plea alleges that a former writ of scire facias had been…