Ketch v. Smith

On exceptions. This was an action of replevin heard before the presiding Justice below without jury. The defendant pleaded the general'issue and for brief statement said that the automobile described in plaintiff’s writ was, at the time of the taking, in the possession of defendant as a duly qualified deputy sheriff by virtue of a seizure on an execution.

The only facts available from the bill of exceptions on which the ruling of the Court below must have been based are those contained *172in the written decision of the Court in a previous case between the same parties in which the same issues…