Nicholson v. Stephens

This was an action by the appellant against the appellees to perpetually enjoin the collection of a judgment rendered by Rondebush, a justice of the peace, upon which an execution had been issued, and placed in the hands of Costor, a constable.

A demurrer was sustained to the complaint, and this ruling is assigned for error, and presents the only question in the case.

The complaint alleges, in substance, that on the 10th day •of September, 1873, an organization calling itself Nobles-ville and Fishersburgh Gravel Road Company No. 2, by •George Stephens, treasurer, filed a complaint before the…