Tennessee Supreme Court December 15, 1858 (Mallett v. Hutchinson)

Wright, J.,

delivered the opinion of the Court.

There is no error in this judgment.

Neither Porter, the officer, nor Pillow, who gave him *559the note for collection, had any authority to dispense with the stay of execution upon the judgment before the justice of the peace, so as to prevent Hutchinson, the creditor, from taking his execution immediately, if the judgment were not legally stayed.