Majority
p. 378Anonymous. in behalf of the defendant not served with process, moved that the execution be set aside. showed by affidavit that the execution was issued by consent of the defendant served with process.
Headnote
On a judgment recovered against two defendants as partners, one only having been served with process and appearing; held, that an execution in due form against both might- be issued before the expiration of thirty days by consent of the defendant served with process, no collusion between the plaintiff and the latter-being shown.A judgment was recovered against two defendants as partners, process having been served upon one only, the other not appearing in the suit. Execution was issued in due form against both defendants before the expiration of thirty days from the rendition of judgment.
A. Taber,
-Davis, for the plaintiff,
p. 379
By the Court,
The execution was regular, no collusion being shown between the plaintiff and the defendant by whose consent it was issued,.
Motion denied.