Nunn v. Mills

The appellee was the plaintiff, and the appellant the defendant, in an action for “ wrongfully taking a gray horse.” The defendant pleaded, in short by consent : "1st. Not guilty; 2d. That he levied on said horse by virtue of an attachment in favor of J. K. McCollum against said plaintiff, and that he was constable at the time.” The plaintiff replied to the 2d plea as follows : “ The plaintiff replies to the second plea, and says, that the above horse was a work horse, and the only one he had; and that he is a man of family, and claimed the same as exempt from execution under the statute in…