Sheriff of Fayette v. Buckner

*127Opinion of the Court.

Samuel Williams having obtained a judgment in the Fayette circuit court, against John C. Buckner, issued his execution of capias ad satisfaciendum, to the County of Scott, where Buckner resided. After his apprehension, Buckner gave notice to the counsel of Williams, and before two justices of the peace of Scott county, delivered in his schedule, and took the oath of an insolvent debtor, and was thereupon discharged. This schedule the justices returned to the clerk’s office of the Fayette circuit court, from which the execution issued. A summons was then issued by the…