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, therefore, 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.