Hilliker v. Kuhn

Foote, C.

Hilliker brought an action against Kuhn, as constable, claiming that the latter was unlawfully *215about to sell under execution, upon judgments obtained against one Locke, certain property which the plaintiff claimed to have had in the possession of a pledge-holder, to secure an indebtedness due from Locke to him, the plaintiff.

He prayed for a perpetual injunction to restrain Kuhn from selling said property, and for damages. He obtained judgment enjoining its sale, and for costs.

From an order denying his motion for a new trial the defendant has appealed.

He claims that the evidence was…