Dubois v. Hutchinson

Dubois sued Hutchinson in replevin. The writ was directed to the sheriff of Ingham county, and one W. H. McEnally, a deputy, executed it. Hutchinson interposed a plea in abatement, to which Dubois demurred. The court overruled the demurrer and entered judgment *263that the writ should be quashed, and at a subsequent term awarded final judgment for Hutchinson in the sum of $567.39 as the value of' a special lien proved on an assessment under Comp. L., § 6754. Dubois sued out a writ of error.

The theory of the plea in abatement is that when the property was seized by the writ of replevin it was held…