Ostmann v. Frey

This is a suit in equity. Plaintiff sought an injunction in the circuit court against defendant Frey, a justice of the peace, and defendant Meyer, *285his constable. After issue joined and full proof, the court denied the writ. Plaintiff prosecutes the appeal.

The justice, Frey, issued an execution against the present plaintiff for costs incident to a judgment of conviction against him in the justice court in which plaintiff was required to give a peace bond. The defendant constable levied this execution on certain personal property of plaintiff and advertised the same for sale to satisfy the cost…