Davis v. Dixon's Administrator
Davis v. Dixon's Administrator
Opinion of the Court
delivered the opinion of the court.
On a motion in the circuit court of Wilkinson county, the administrator of Dixon recovered judgment against Fielding Davis, who was sheriff, for failing to make the money on an execution against James Shaffer, Lucy Shaffer, and Michael Wood. He resisted the motion on the ground that the execution had been enjoined.
But there is another insurmountable objection to this injunction. No bond was given by the parties who obtained it, and even if administrators are not bound to give bond, yet all the defendants in the execution do not appear to have been administrators, and, consequently, there was nothing to stop the operation of that particular execution. In p. 95, s. 44, of the Revised Code, bond is positively required, and the clerk is required to indorse, that the operation of the injunction is to be suspended till bond is given.
Tfie judgment of the court below must be affirmed.
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