Stilson v. Gibbs

This case was once before in this court, and the decision is reported in 40 Mich. 42. The action was trespass on the case for the unlawful seizure and sale of a mow of wheat belonging to the plaintiff. The defendant justified as sheriff under an execution issued on a judgment in favor of one Sebring. After making the levy the deputy of defendant had proceeded to thresh the wheat in disregard of the plaintiff’s remonstrance, and had then removed it to a village several miles off before selling it. This he claimed a right to do in his discretion, but this court held that no such general right…