
    EZEKIEL ANDERSON v. ALFRED BOWLING.
    (S. C., Thomp. Cas., 60.)
    Knoxville,
    September Term, 1850.
    EXECUTION. Justice’s functus officio after thirty days.
    An officer is liable to an action of trover for levying an execution issued by a justice of the peace more than thirty days before the levy, and he cannot justify himself under it. [A justice’s execution is returnable in thirty days, and after that time is functus officio. Code, secs. 4752, 4753, and note; Id., sec. 5906, subsec. 29, and note; Clingman v. Barrett, 6 Hum., 21. See Shell v. Huddleston, 2 Tenn. (Ov.), 40.]
   An officer justified on trial of an action of trover under an execution issued by a justice of tbe peace more than thirty days before the levy. The court below charged that it would not protect him.

Heiskeli for' the plaintiff below, cited Clingman v. Barrett, 6 Hum., 21, and Rogers v. Hunter, MS., Knoxville, 1849. [In a footnote to this case as reported in Thomp. Cas., p. 60, it is said that this so^-called MS. opinion was oral dicta by McKinney, Judge.]

Judgment affirmed.  