Board v. Head

Judge Marshall

delivered the Opinion of the Court.

Head sued Board, in an action of trespass, vi etnrmis, for seizing and carrying away and Converting to his own use a horse, bridle and collar, the property of the plaintiff, and then in his possession. The parties w'ent to trial upon the plea of not guilty, and leave to give special •matter in evidence.

It appears that Board, being a constable -of Hancock county, had an execution ill his. hands, against Head, *490who resided in Daviess county, immediately across the division line between the two counties, and that the stable in which the horse,…