Astley v. Capron

Bicknell, C. C.

The appellant, as sheriff of Marshall county, had taken certain personal property of the appellee, by virtue of an execution against him. This was an action of replevin to recover the property. The complaint averred that the plaintiff was a resident householder of Marshall county, and that when the goods were taken the plaintiff was temporarily absent from the State, but that his wife was residing at his house and claimed the goods as exempt from execution, and tendered to the defendant an inventory and schedule pursuant to the statute, together with her affidavit, and notified…