Whitsett v. Wright

Mr.. Justice Swiggart

delivered the opinion of the Court.

The appeal herein is by J. H. Wright from a decree of the chancery court of Davidson county sustaining a demurrer to Wright’s motion against the Sheriff of Davidson county for a statutory penalty.

The motion was made by Wright in a replevin suit in which he was the defendant. The motion recites that a writ of replevin was duly placed in the hands of one of the sheriff’s deputies and was by him executed, but no return thereof was ever made. The motion then recites: “By the proceedings in this case property to the value of $390 was taken…