Broadwell v. Paradice

Hr. Justice Sheldon

delivered the opinion of the Court:

July 25th, 1873, an action of replevin was brought by appellee. Paradice, to recover possession of certain personal property upon which appellant, Broadwell, as sheriff of Morgan county, had levied to satisfy an execution in favor of one McGregor.

The property was taken out of the hands of the sheriff, Broadwell, upon the writ of replevin, and delivered to the plaintiff in the replevin suit.

After the impanneling of a jury for the trial of the cause, but before the same was submitted to the jury, Paradice dismissed his suit. The court…