Miller v. Hudson

This is an action of replevin prosecuted by the appellant against a constable who had seized his property upon an execution duly issued on a judgment on which he was replevin bail. The action can not be maintained. It is the doctrine of the common law, that a party against whom an execution is issued can not maintain replevin against the officer who levies upon his property. This rule is declared by our statute, but is so modified asyto permit the action to be maintained against the officer when the property seized is exempt from execution. R. S. 1881, sections 1266, 1267, 1547.

It has often…