Riciotto v. Clement

Temple, C.

Appeal from judgment and order refusing a new trial.

This is an action of claim and delivery to recover possession of two horses, which plaintiff alleges defendant “ still unlawfully withholds and detains.”

The pleadings were verified, and the defendant, in his answer, denies that he “ unlawfully withholds or detains or detained said goods and chattels.” For a further and separate defense he admits the taking, and attempts to justify, as constable, under a writ of attachment against one Smith, as whose property they were taken. He avers that judgment passed against Smith in the…