Volmer v. Wharton

Charlotte Wharton brought suit against Jmcius Martin, before a justice of the peace, by attachment, to enforce a landlord’s lien for rent, in which eight bales of cotton were attached. Reichardt & Eicholz claimed, and interpleaded for, two of the bales, and L. Volmer for the other six.

Upon the trial of Volmer’s interplea, the cotton was found by the justice not subject to the plaintiff’s lien, and she appealed to the circuit court.

The circuit court, which tried the case without a jury, found the cotton subject to the lien, and rendered judgment for the plaintiff.

Volmer moved for a new trial;…