68 Tenn. 355 | Tenn. | 1878
delivered the opinion of the court.
Plaintiff in error was convicted in the circuit court of Obion county of unlawfully selling liquor, and was fined, and for the amount of the fine and costs adjudged against him he gave security and was discharged from custody. Execution issued for the fine and costs •against plaintiff in error and his surety, and was returned “ nulla bona ” to a subsequent term. Upon this return, the circuit judge made an order for the re-arrest of the plaintiff in error, and upon his failure
The judgment of the circuit court will be reversed, and plaintiff in error will be discharged from custody.
I dissent from the foregoing opinion. The court, I think, has the power to enforce its judgment, and take all steps necessary for the purpose. The fine and costs have not been paid, and are not in fact secured.