Lundberg v. Hemphill

Opinion by

CunninGHAM, J.,

The action below was trespass in which plaintiff sought to recover from Anthony Hemphill as landlord and J. G. Griggs as constable, under the Act of March 21, 1772,. 1 Sm. Laws 370, twice the value of an automobile alleged to have been illegally distrained and sold. Judgment was entered for defendants upon questions of law raised by them in their affidavit of defense and plaintiff has appealed. No appearance was entered or brief filed for appellees. The case must be disposed of solely upon the declaration and affidavit. We pay no attention to the extraneous facts…