1 Smith & H. 7
Decided May 15, 1848
Indiana Supreme Court · decided 1848-05-15
Scire facias to have execution on a justice’s transcript. The gene lacias alleges that the transcript of the judgment was filed on the 17th of August, 1842, in the clerk’s office, and that on the 26th of September, 1842, a certificate of the justice was filed, stating that on the 1st of September, 1842, an execution had issued on the judgment, which was afterwards, on the 7th of the same month, returned nulla bona. Demurrer to the scire facias, and judgment for the defendant.
Decided 1848-05-15
¶1— “ This transcript was filed before a return of nulla bona to an execution on the judgment. In such case the transcript should be recorded. R. S. 1838, p. 135. The scire facias before us does not aver that the transcript had been recorded, and it is therefore insufficient.”
¶2Judgment affirmed.