Griffin v. Lacourse

Citations

• 31 Fla. 125

Syllabus

<p>In proceedings to quash an execution on account of illegality in its issuance, under the act of February 15, 1834 (McClellan’s Digest, page 524, §§ 19 and 20), the giving of the bond therein required is an essential prerequisite to the right to suspend the execution at all; and where it appears that an affidavit of illegality was made, but no bond was' given, the overruling of a motion to quash the execution by the Circuit Judge will not be reversed for error, although it appear from the record that the execution was illegally issued, the defendant in execution not being in a situation to insist on the illegality in any other recognized way than that provided by the statute of 1834, supra.</p>