Baggett v. Pace

This action was instituted in the probate court by the plaintiffs as members of a marital community to recover the sum of $249.75, which had been levied upon by defendant as sheriff of Cassia county under a writ of execution issued upon a judgment theretofore had against one Clark, the son-in-law of these plaintiffs. Defendant prevailed in the probate court and an appeal was taken to the district court. Then the case was tried twice to a jury, the first resulting in a mistrial, and in the latter the plaintiffs recovered judgment. A motion for new trial was made and denied, and defendant…