Horkey v. Kendall

Irvine, C.

This was an action of replevin by Horkey against Kendall, Who was sheriff of Howard county, for certain chattels, part of which Horkey claimed to own absolutely, *523and part under a chattel mortgage from one Dobry, the general owner. As to the first portion he was successful; as to the mortgaged chattels there was a judgment against him for their return or their value, and of the latter portion of the judgment he complains.

The district court received in evidence, over the objection of the plaintiff, an affidavit filed by the Western Manufacturing Company to procure an attachment…