Williams v. Lyddick

On Petition for Rehearing

Crumpacker, P. J.

By our decision in this appeal we held that a general writ of execution against property would not issue on a joint and several judgment in personam against a husband and wife after the lapse of more than 10 years from the date of its entry where both husband and wife had been discharged in bankruptcy after the entry of such judgment but before the issuance of the writ of execution was sought. We are charged with error in so holding on the theory (1) that § 2-3306, Burns’ 1933, § 522, Baldwin’s 1934, authorizes the issu anee of such an execution on a…