Story v. Printup

It appears that a rule nisi was brought against Story, acting as constable, to show cause why he should not pay certain sums claimed to be due certain persons under a distress-warrant proceeding by reason of his alleged failure to sell certain property levied on by him. In his answer to the rule Story alleged, among other things, that he was not a constable, and denied that he was acting as constable at the time in question, but alleged that he was acting as deputy sheriff. He therefore contended that he was not subject to the rule. On the hearing there was conflicting evidence upon this…