Dyer v. Balsley

This action was commenced before a justice of the peace by the plaintiff against the defendant Balsley. In this action Bailey filed an interplea, claiming to be the owner of four articles of personalty, levied upon by the constable, namely, one sofa, one rocker, one bedstead and one stand table. On trial anew in the circuit court, the court instructed the jury to find for the plaintiff on the issue made by the interplea. They so found, judgment was accordingly entered, and the interpleader appeals to this court.

The case seems to have turned entirely on the question whether there had been such…