Mitchell v. Hackett & Dickenson

Baldwin J.

delivered the opinion of the Court—Cope, J. and Field, C. J. concurring.

Respondents, in 1854, recovered judgment against one Jacob BE. Gardenhire, for some six hundred dollars and costs. On the same day the plaintiff therein assigned the judgment. Mitchell, without authority from the assignee, caused execution to be issued, and levied upon certain personal property, a portion of which was claimed by S. M. Gardenhire, a son of Jacob, the debt- or. Mitchell indemnified, and the Sheriff sold the property. S. M. Gardenhire sued the Sheriff for trespass, and recovered judgment for six…