Rasmus v. Schaffer

FOSTER, Justice.

This is an action against a justice of the peace and the surety on his official bond in two counts, trover and trespass. Both counts allege that defendant as justice of the peace directed the constable to seize an automobile then owned by plaintiff and in his possession; and count 1 alleges that he ordered the constable to sell it, to satisfy an execution issued by the justice on a judgment he had rendered against another, one Brown-, ing. The constable thereby committed a trespass, and was liable also for the conversion of the ear, if those allegations were true. And if the…