Herring v. Adams

The opinion of the Court was delivered by

Kennedy, J.

—This action was instituted by the defendant in error against the plaintiff in error, originally before a justice of the *460peace, on the 13th of June 1838, to recover back $18' paid by the' defendant in error to the plaintiff in error on the 15th of December 1835, and the further sum of $5.75, paid by the same to the same on the 15th of January 1836; both sums paid to the plaintiff in error as a constable, upon an execution which he had in his hands in full force against the defendant in error, at the suit of a Henry Kohler. These two sums are…