Ivy v. Barnhartt

Barnhartt brought an action of trespass against Ivy for sueing out of a Justice’s Court and levying an attachment on his goods and effects. Ivy pleaded not guilty, and a justification under, and by virtue of a writ of attachment in a suit commenced and prosecuted by him against Barnhartt, ir. which he recovered judgment. Barnhartt replied that the debt, for the recovery of which the suit was commenced, was not due at the commencement thereof. There was a demurrer to this replication, which was overruled, and judgment was taken on the demurrer. The parties going to trial on other issues, there…