Spear v. Hill

Before the hearing a certoirari was issued, and an application was made to set aside the execution upon the following exception : The record does not disclose that thejS. fa. issued May 21st, 1895, was within three years from the rendering of the judgment or the time when execution might first have issued. The execution was set aside.

The question of liability for costs being raised, it was decided that defendant in the certiorari was liable.