
    Wilson v. Sparks.
    It is a sufficient answer to a rulo against a sheriff to show cause why he failed to levy an execution that, the judgment on which the execution issued was void, although it was entered upon tile mandate of the Supreme Court.
    The entry of *• motion overruled ” is not sufficient.
    Error from Walker. Hide against sheriff to show cause why he failed to levy, etc. Answer, that the judgment on which the execution issued was entered on an appeal from a Justice’s Court, and was therefore void. Itappeared that the case in which the judgment was rendered had gone to the Supreme Court, and that the judgment was entered upon the mandate returned to the court below. Entry ofmotion overruled.”
    
      II. Yoakum, for plaintiff in error.
    The plaintiff takes this position, that a proceeding' cannot he legally void when pronounced otherwise by the Supreme Court; that their decree cannot he inquired into by an inferior court or an executive officer; that their decision was the law ill that case; and though they might afterwards alter the rule, still it could not apply tores adjudicaba, except by a review or some proceeding between the original parties.
    
      B. 0. Franklin, for defendant in error.
   Lipscomb, J.

Tiffs was a proceeding in the District Court against a sheriff

for failing to make a levy of an execution in his hands.

The sheriff in answer to the rule showed cause that the execution had been sued out on a void judgment, it having been rendered by the District Court on an appeal from the jnclgment of a justice of the peace; and because the District Court had no jurisdiction by appeal from the justice of the peace, the judgment ivas a nullity. The court sustained the defense, but onljr entered of record, “motion overruled.” There can be no doubt that the court below was right in sustaining the defense set up; and if a jnclgment in favor of the defendant had been entered, it would have been affirmed; but there being no judgment, the cause is dismissed.

Writ of error dismissed.  