Crouse v. Bailey

Merwin, J.,

(dissenting.) I doubt about the propriety of a reversal. The execution against W. R. Puller was delivered to the defendant as sheriff on 27th of January, 1886. The defendant, in acknowledging its receipt, informed the plaintiffs’ attorney that he had a levy on Puller’s stock of goods on a prior execution. On the 3d of February the defendant wrote plaintiffs’ attorney that the other execution was against Prank H. Puller, and that W. R. Puller claimed he was worth nothing. Defendant in his letter further said that there were goods enough in the store to pay all the claims in his, the…