Smalley v. Lighthall

Smalley was a constable and held an execution from a justice in favor of George S. Engle against Lighthall and seized under it a horse owned by Lighthall. The latter then replevied the horse of Smalley and he justified under the execution and the judgment on which it issued. He proved the judgment by a certified transcript and submitted the original execution with its endorsements. According to the transcript the record showed that the summons was issued May 18, 1875, and was personally served by Smalley May 22, 1875, whilst at the same time the record did not show the time or place for…