Brunson v. Merrill

Opinion of tire court by

Pancoast, J.:

This was an action in replevin brought by the plaintiff in error against the defendant in error in the probate court of Pottawatomie comity to recover the possession of a horse, appealed to the district court, and tried there de novo.

The record discloses that the property sought to be recovered was originally attached in an action brought in a justice court of Pottawatomie county by Lynch Bros, against the defendant in error; that Brunson, the plaintiff in error, was the- constable who levied the attachment. In the .action before the justice of the peace,…