Sare v. Butcher

The appellee Jones brought an action before the appellee Brinegar as justice of the peace, seeking the collection of a debt from the appellant. The justice made a finding in favor of Jones and against appellant, but no judgment was rendered on the finding. Afterwards, the justice issued an execution on the finding and placed the same in the hands of the appellee Butcher, constable, who levied the same upon a horse of appellant’s, and was threatening to sell the horse by virtue of such execution.

A complaint setting up the foregoing facts and asking that the defendants be enjoined from…