Millar v. Field

Judge Mills

delivered the opinion.

This is an action of trespass, for entering the close of the plaintiff, now defendant in error, and taking and carrying away a waggon and horsé. The defendant below, now plaintiff in error, pleaded not guilty, and, by consent, was to give any matter in evidence which might have been specially pleaded in bar. On the trial, it appeared that the defendant was constable of that county; and that on the l Sth May, Í811, a certain William Robins placed in the defendants hands, for collection, two notes executed by a certain David Vancleve to one Jack Prior, and…