O'Brien v. O'Brien

O’Brien brought an action of trover to recover the value of certain property. The defendant Beurmann justified as sheriff under an execution issued out of the circuit court upon a transcript filed therein, of a judgment rendered in justice’s court in a cause wherein John O’Brien was plaintiff and James O’Brien was defendant. A number of questions were raised and brought here for review, but as a fatal error is met at the outset, which goes to the foundation of the entire defense, we need not examine further.

The suit in justice’s court was by consent of parties set down for trial on June 13,…