Heyman v. Covell

Campbell, J:

Plaintiff having commenced a suit in replevin in the circuit court for Kent county, defendant pleaded in abatement that he took the goods as deputy marshal under an execution issued out of the circuit court of the. United States for the western district of Michigan, in favor of James McLean and Henry H. Statesbury against Adolph Heyman.

To this plea a demurrer was put in, but overruled, and judgment entered that defendant was not guilty and that the property be returned to defendant. The form of this judgment is the same used when the merits have been tried, but this need not be…