Mandlove v. Burton

Perkins, J. —

Trover for certain goods by Burton, an execution-defendant, against Mandlove, the execution-plaintiff, and Gephart, the constable in whose hands the execution was. Plea, the general issue. Verdict and judgment below for the plaintiff.

*40On the trial the defendant asked the Court to give the . following instructions:

“ If the jury believe, from the evidence, that a judgment was recovered by defendant, Mandlove, against the plaintiff, William Burton, and one Walter Bradon, and that an execution was issued on said judgment and placed in the hands of the defendant, Gephart, a constable…