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ROGERS v. ANDERSON

580 S.W.2d 782 (1979)

Henry Palmer ROGERS, Petitioner, v. Charles ANDERSON, Honorable Fate Thomas, Aetna Casualty and Surety Company, David H. Miller, Metropolitan Government of Nashville, Davidson County, Tennessee, and Ed Little, Respondents.

Supreme Court of Tennessee.

May 7, 1979.

Attorney(s) appearing for the Case

Seth W. Norman, Nashville, for petitioner.

Frank Grace, Jr., Willis & Knight, Nader Baydoun, Nashville, for respondents.

OPINION

BROCK, Justice.

Plaintiff, Henry Palmer Rogers, seeks a summary judgment under T.C.A., § 25-301, against Fate Thomas, Sheriff of Davidson County, for failure to return an execution within the time provided by law.

Plaintiff obtained a judgment by default against the original defendant, Charles Anderson, in the Circuit Court of Davidson County for the sum of $27,000.00. The circuit court clerk issued an execution for the judgment and...

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