Bacon v. Davis

In this case Bacon, as constable, levied upon certain personal property in the possession of .the defendants in error, but did not take it into his own possession, or in any way interfere with the possession which the defendants in error had of it. They nevertheless caused it to he taken on a writ of replevin, in which Bacon was named as defendant, and on the trial of the replevin suit they have recovered judgment.

The case is within the principle of Hickey v. Hinsdale, 12 Mich., 99, and the judgment must be reversed, with costs of all the courts. The case of Maxon v. Perrott, 17 Mich., 332,…