Osborn v. May, 5 Ind. 217

Osborn v. May

5 Ind. 217 | Ind. | 1854

Per Curiam.

Motion to set aside an execution. Motion overruled.

The motion should have been granted. The execution was against a person as replevin bail. The judgment to which the entry of bail was made was, by law, subject to a stay of one hundred and eighty days. The entry of replevin bail was made after the expiration of that lengthy of time from the rendition of the judgment, and was, *218therefore, of no effect as a judgment, and would not support an execution.

W. H. Mallory, for the appellant. D. Brier, for the appellees.

The judgment is reversed with costs. Cause remanded, &c.