Jarratt v. Gwathmey

The plaintiff below brought an action of trespass against the defendants for breaking and entering his close, and carrying away his goods. The defendants pleaded the general issue, with leave to give the special matter in evidence. The jury returned a verdict for the plaintiff. A motion for a new trial was overruled by the Circuit Court. Judgment on the verdict, and appeal to this Court.

The facts of the case as stated in a bill of exceptions, are, that Jarratt, who was a constable of the township in which the appellee resided, accompanied and assisted by Wilson, entered the store-house of the…