Philips v. Spotts
Nebraska Supreme Court
Error to the district court for Clay county. Tried below before Weaver, J. cited: State v. Jennings, 4 Ohio State, 418. Chapman v. Weimer, Id., 481. People v. Schuyler, 4 Conn., 173. Archer v. Noble, 3 Greenleaf, 418. 1 Parsons Contracts, 520. 2 Id., 773. Tootle v. Dunn, 6 Neb., 99. 2 Hilliard on Torts, 143.
1Opinion of the CourtCobb, J.
One Hargreaves sued out a writ of replevin from before a justice of the peace in an action against one Frank Philips. The writ was in the usual form, and commanded the sheriff or any constable of the county to immediately seize and take the property, by description, to-wit: 50 bbls. apples, 35 lbs. cheese, 1 box cream crackers, 1 bbl. ginger snaps, 1 bbl. soda crackers, and 2 boxes butter crackers, “wherever they may be found in said county,” etc.
This writ was placed in the hands of Joseph Spotts, the principal defendant in error herein, who was a constable of said county, for service. Spotts…
2Cited by1 opinion
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