Paxton v. Dye

Replevin. Answer, 1. General denial. 2. Property in one Fassett. 3. That one Fender sued out a writ of attachment against the property of Fassett, which *394was placed for service in the hands of the defendant, as sheriff, who by virtue thereof seized the property in question, it being the property of Fassett. Reply, general denial. The evidence is not in the record. The defendant appeals from a judgment rendered against him over a motion for a new trial.

A bill of exceptions shows that the defendant called one Sell as a witness, who “ having testified to certain facts relevant and pertinent to…