Seligman and Company v. Daniels

1. On the trial of an issue formed upon a claim to personal property levied on and found in the possession of the defendant in fi. fa., it was error to charge the jury as follows: “Upon the trial of a claim case the burden of proof rests upon the plaintiff in execution if the property was levied on in the possession of the defendant. in execution; otherwise the burden of proof rests upon the claimant.” Especially was such charge error where the claimant assumed the burden of proof as in this case. When the plaintiff in fi. fa. introduced the execution with the return of the officer showing…