Judges： íticholson
Filed Date： 12/15/1874
Status： Precedential
Modified Date： 11/14/2024
delivered the opinion of the Court.
On the 13th of March, 1861, Lynch obtained a judgment against Moore, before a Justice of the Peace of Rutherford County, for $46. On the 22nd of April, 1872, James Price, a Justice of the Peace of Coffee County, issued an execution on the judgment, reciting that the same was obtained before H. C. Carter,
Moore filed his petition and obtained a fiat for a supersedeas, to have this execution quashed. The Circuit Judge refused to quash it, but submitted the matter in controvei’sy to a jury, on the question whether the execution had been paid. The jury found that it had not been paid, and judgment was given for Lynch.
The grounds, on which the petition for supersedeas was based, were, that the original debt on which the judgment was rendered, on the 13th of March, 1861, had been previously paid, and that the judgment was void, because taken without any notice to Moore.
The Circuit Judge held, that, the supersedeas only brought before him the execution issued by the Justice of the Peace of Coffee County, and that he had no jurisdiction to inquire into the justice or regularity of the original judgment rendered by the Justice in Rutherford County. Without determining whether this holding was correct or not, we think it clear, that, the execution issued by the Justice .of the Peace of Coffee County was void, for defects appearing on its face.
This execution was issued under §3073 of the Code, which enacts a new and special jurisdiction that must be strictly pursued, in order to make valid the pro-
Upon examination of the execution in this case, it is fatally defective, and that it is void, and ought to have been quashed.
The judgment is reversed and the execution quashed.