Smith v. Dauel

This was an action of replevin which was instituted by the appellant before a justice of the peace, from whose judgment an appeal was prosecuted to the Circuit Court, whore, upon a trial before the conrt, a jury being waived, there was judgment against the plaintiff.

The case was submitted upon an agreed state of facts from which it appears that the defendant, being a constable, held two writs of execution issued by a justice of the peace against the plaintiff, who wras the head of a family and then residing with the same; that upon being notified of the executions, the plaintiff made schedule…