King v. Haley

The plaintiff’s petition for a rule against the defendant was dismissed on demurrer. He alleged that one Brown sued out against him a possessory warrant for the recovery of a horse. The warrant was duly executed by the defendant, who was a constable, by the seizure of the horse. The issue formed on the possessory warrant was tried by the magistrate, who awarded the possession of the horse to Brown on his giving bond as required by the statute. Before a writ of certiorari had been granted by the superior court and before the expiration of ten days from the magistrate’s judgment, the constable…