Davis v. Commonwealth Trust Co.

Opinion by

Mr. Justice Schaefer,

Plaintiff sued in trespass, to recover damages from Commonwealth Trust Company and Elmer E. Hoerner, a constable, for an unlawful distraint. The action resulted in a verdict for plaintiff for $6,500. While motions for a new trial and for judgment n. o. v. were pending, by agreement of counsel, the verdict was reduced to $5,750, the motions were withdrawn, and the court entered judgment on the verdict as reduced. Thereafter, on petition of the- Trust Company, a rule was granted on plaintiff to show cause why the lien of the judgment should not be released from…