Firestone v. Mishler

Suit to recover possession of personal property. Firestone had caused an attachment to issue against the property of a person, other than the appellee, which was, by the officer, levied on the property in dispute. The officer notified Mishler of such facts. In two paragraphs of the answer, these facts are pleaded. One paragraph was decided to be bad on demurrer, and the other was not noticed. Ey the demurrer, .the question is presented, whether, after the motion given, the appellee was confined to the proceeding, to try the right of property, provided in chap. 5, 2 E. S. p. 493-7? See, also,…