Small v. Finch
Indiana Court of Appeals
Erom St Joseph Circuit Court; W. A. Funk, Judge. Action by Mary E. Small against Walter Einch. Erom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRobinson, J.
Appellant brought suit in replevin against appellee Finch, a constable, and one Henry Mart-ling to recover possession of certain personal property. Martling hied an answer, designated a “plea in abatement,” disclaiming any interest in the property, that it had never been in his possession or under his control, that he did not assume control of the writ or direct its execution, that the property was seized by the officer by virtue of the writ alone; and the action as to him, was, in effect, dismissed. Finch answered that on April 25, 1901, he was, and still is, a constable; that on -that day a…
2Cases cited3 opinions
- Wright v. SheltIndiana Court of Appeals · 1897
- Firestone v. MishlerIndiana Supreme Court · 1862
- Patterson v. SnowIndiana Court of Appeals · 1900
3Cited by1 opinion
- State Ex Rel. Sights v. EdwardsIndiana Supreme Court · 1949