Legal Opinion

Phillips v. Elwell

Ohio Supreme Court

Decided December 15, 1863Published

Error to the district court of Trumbull county, to reverse its judgment affirming, on error, the judgment of the court of common pleas, in favor of the defendants in error. The case is sufficiently stated in the opinion of the court.

1Opinion of the CourtPeck, C.J.

The plaintiff below, in his petition, demanded damages for the wrongful taking and conversion of a horse, the property of the plaintiff,1’ and taken from his possession by defendants.

The defendants, Elwell as plaintiff in a suit before a justice of the peace against one J. B. Phillips,and Thomas J. Seely, as constable, serving process in that action, severally answer and justify the seizure and appropriation of the horse, unde* *241an order of attachment issued by the justice, in that action, against the property of said J. B. Phillips, alleging that the horse was duly taken under that order, and…

2Cases cited1 opinion

  1. Witherell v. Goss & DelanoSupreme Court of Vermont · 1854

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