Jean v. Spurrier

This was an action of replevin instituted by the appellee against the appellant, and the latter having avowed the taking of the goods for rent in arrear, and given in evidence the distress proceeding, the only question raised by the. exception of the appellant is as to the validity of the distress, which was decided by the Court below to be illegal and void. The record presents no question as to the sufficiency of the pleading, nor as to any variance between the pleadings and proof.

To the distress proceeding there are three objections taken by the appellee: 1st. That it was not made under a…