Strohm v. Hayes

This was an action of replevin, in the Stephenson circuit court, brought by Henry Strohm against John B. Hayes, resulting in a verdict and judgment for the defendant, to reverse which, plaintiff appeals.

The principal error relied on is, that a trial was had without an issue having been made up to the defendant’s fifth plea.

That plea was, in substance, that defendant was sheriff of Stephenson county, and, as such, had levied an execution in favor of Harrison Woodmanse, against Thomas H. Smith and I. D. Kennison, concluding with an averment that the property belonged to Smith and Kennison, and…