To vacate an order restraining the sheriff from levying an execution upon the property of a surety upon an appeal bond, on appeal from a Justice Court, where the judgment was rendered on August 14th. The costs were, taxed August 26th, and the execution issued September 23.

Granted February 27, 1883.

Held, that until taxation of costs, the execution did not become legally issuable within the meaning of Oomp. Laws Sec. 6452