Jett v. Walker

Where a motion is made to quash an execution and forthcoming bond, on the ground that a previous execution had issued, and a forthcoming bond taken for the .same debt, which execution and bond, it was alledged, had been improperly quashed, the court will not enquire into the validity of the first execution and bond, upon the motion to quash the gecoud. The judgment oí a competent court, will be considered right, until regularly reversed.

.Appeal from the superior court of law of Brunswick county. The facts were these : Thornton Jett became the appearance bail of Robert Wallace, in a suit brought by Robert M. Walker, against the said Wallace. Judgment was obtained against the principal and bail", and an execution issued against the goods and chattels of the said Wallace and Jett. The forthcoming bond recites in the condition, that an execution had issued against Wallace only. This bond being forfeited, notice was given by the plaintiff, that he would move for judgment; hut the plaintiff himself moved the court to quash the bond •, which was accordingly done. This bond being thus quashed, Walker issued a new execution against the goods and chattels of Jett, appearance bail as aforesaid of Wallace, which was levied on two negroes, and a forthcoming bond taken. Jett gave notice to Walker, that he should move the court to quash the last mentioned execution and forthcoming bond, the said execution having issued illegally. Upon hearing this motion, the court over-ruled it; and Jett filed a bill of exceptions, setting forth the foregoing facts, and appealed to this court.