Doughty v. Elliott

This was a scire facias issued by a justice of the peace. The writ was against Elliott as bail for the stay of execution on a judgment against Henderson and Baxley for 56 dollars and 25 cents. There were several pleas, one of which was that there had been no return of nulla bona to an execution against Henderson and Baxley. The justice gave judgment for the defendant, and the plaintiff appealed to the Cfficuit Court. The cause was submitted to the Court, and judgment rendered for the defendant.

It appeared that a fieri facias against Henderson and Baxley had been returned levied on certain…