Tennessee Supreme Court April 15, 1858 (Apperson v. Smith)

A. Weight, Special J.,

delivered the opinion of the Court.

1. The act of 1805, ch. 66, § 4, (C. and N. Rev., 295,) requires the clerk to certify that the magistrate who granted the judgment and issued the execution was, at the *374time an acting justice of tbe peace in bis county. In tbis case tbis is not done.