Lewark v. Carter

Coffey, J. —

This action was brought by the appellant in the Marion Superior Court against the appellees, George H. Carter, sheriff of Marion county, and Fletcher & Churchman, to recover money paid by him on. his bid for a horse sold by Carter at sheriff’s sale.

The cause was tried by a jury, who returned a special verdict. On this verdict judgment was rendered for the defendants.

Lewark appealed to the general term of the. superior court, where the judgment of the special term was affirmed, and he now appeals to this court, where, as in the general term, he calls in question the correctness of…