Guy v. Stemberg-Rainey Hardware Co.

This is a replevin suit to recover possession of one mule. The plaintiff in error, Elmer Guy, as a special deputy sheriff, levied upon the mule as the property of one Sam Bond. Whereupon the defendant in error, plaintiff below, claiming under a mortgage, instituted this suit before a Justice of the Peace.

In the circuit court the case was tried by the judge without a jury and' there was a judgment in favor of the plaintiff below, and the defendant below has appealed and assigned error. In this court the defendant in error moves the court to dismiss the appeal because the plaintiff in error…