Haeger v. Marcus

This is an action brought before a justice of the peace, under the statute relating to the claim and delivery of personal property. The property, a horse and wagon, was not found by the constable, and was not in possession of the defendant when the suit was brought and order of delivery issued. The constable, however, obtained a delivery-bond from the defendant, — the defendant, as he states, not knowing what he signed when he signed the bond. The constable’s return was, “not found;” but the justice gave judgment that the plaintiff recover possession of the property, or its value, and $50…