Winans v. Thorp

This was replevin, brought by Winans against Thorp to recover personal chattels which Thorp, a constable, had seized under an execution issued by a justice of the peace against Winans, on a judgment for $100 and costs, which the justice had rendered against Winans. The parties waived a jury and submitted the cause under a stipulation as to the facts and pleadings, whereby the sole question to be determined was whether the justice acquired jurisdiction of the person of Winans, who had been duly served with summons, and had only appeared specially, and moved to quash the summons and dismiss the…