Cooper & Co. v. Jacobs & Belsinger

SOMERYILLE, J. — The execution issued by the justice of the peace, Hilton, was properly excluded from admission in evidence, being void on its face. It fails to show in whose favor it was issued, and amounted to nothing more than a roving commission to any constable of the county to make a certain sum of money out of the goods and chattels of Hayes and Roberts. The indorsement on the back of the execution was no part of it, and can not be looked to in aid of this fatal defect. Affirmed.