Cadman

This appeal is from an order made after judgment denying plaintiff’s motion for an order directing the sheriff to publish notice of sale of real estate on execution, in a certain newspaper selected and designated by the plaintiff’s attorneys.

The record contains no part of the judgment-roll, nor anything to show the nature of the action, the substance of the judgment, or the form or substance of the execution, except that it required the sheriff to sell real property “under a decree and writ rendered and issued herein,” and placed in the sheriff’s hands by plaintiff’s attorneys for service, with their written instructions to publish notice of the sale in the newspaper designated.

The bill of exceptions shows that the motion was supported by, and heard upon, the affidavit of one of plaintiff’s attorneys alone, the material substance of which is, that having contracted for the publication of the notice in a daily paper, the Daily Evening Blade, he gave the sheriff “ written instructions, signed by affiant and his associate counsel, requesting and directing said sheriff to advertise said notice of sale of said property in the Daily Evening Blade for the length of time required by…