Smith v. Houghwot

Opinion by

Baldrige, J.,

This appeal is from a judgment obtained by Henry Smith against Daniel Houghwot, a constable, for levying upon, and selling under an execution against E. O. Zimmerman, six cows alleged to have been owned by Smith. The jury rendered a verdict for plaintiff in the ¡sum of ,$248.60, stating therein “defendant not guilty of malicious intent.”

The facts may be summarized as follows:

Smith entered into a bailment lease agreement with O. E. Rodda covering certain cattle, including the six cows, the subject of this dispute. Subsequently, Smith repossessed the cows and left them…