Conwell v. Smith

This was an action of trespass vi et armis, brought by Smith against Conwell, Fingland, Shoup, TJpdegraff, Tilney, and Hoskins. The writ was served on the three former; as to the three latter, the sheriff returned “not found.”

Conwell, Fingland and Shoup, who were served with the process, appeared and plead to the action. Issues were made up on their pleas, and the parties went into trial. There was no suggestion of “not found” entered on the record as to Updegraff, Tilney and Hoskins.

After the plaintiff had closed his testimony, the defendants introduced TJpdegraff, Tilney and Hoskins, and…