Harris v. Nelson

Mr. Presiding Justice Freeman

delivered the opinion of the court.

This case came before the Circuit Court on appeal from a judgment obtained before a justice of the peace. The action was brought to recover from defendant in error damages alleged to have been suffered by reason of a levy made by a constable under an execution against a third party upon property belonging to the plaintiff in error. Plaintiff eventually recovered back the property under a replevin writ, and upon the trial of the issue in replevin the right of property was found in plaintiff in error and judgment was entered in his…