Merrick v. Mayhue

Merrick was under-sheriff and received an execution for collection against Mayhue.

It was issued out of the circuit court on an entry of judgment therein in favor of one Thomas Snell and against defendant in .error, and which entry was founded on a transcript made by Samuel T. Cantelon, a justice of the peace. He seized a pair of colts and some other animals on the execution and Mayhue instituted this action of replevin and retook the property. At the trial the only subjects of controversy were whether the judgment given by the justice in favor of Snell was void for want of jurisdiction, and…