Jewell v. Lamoreaux

This was an action of replevin brought by Jewell against Lamoreaux in the court below. The property was taken on the writ and delivered to the plaintiff. The defendant moved on affidavits for an order dismissing the writ and quashing all proceedings, on the grounds that the defendant was a deputy sheriff and the writ was directed to the sheriff and served- by another deputy, that the writ was issued without authority of law, and that the service was unlawful and irregular and gave the court no jurisdiction. The affidavit and writ, however, were in the usual form, against the defendant…