Keybers v. McComber

Searls, C.

This is an action to recover possession of two horses, their harness, and a quantity of wood; or if a delivery thereof cannot be had, the value thereof and damages for detention.

Defendant had judgment. The appeal is from this judgment, and the case rests upon the judgment roll.

The demanded property was taken by the defendant as a constable under an execution regular in form and valid on its face, issued from a Justice Court against the property of plaintiff. Plaintiff contends the taking was wrongful, and bases his claim, upon two grounds: —

1. That the summons was fatally defective…