Bauder v. Tyrrel

Myrick, J.:

This is an action brought by a married woman against the defendant, a Sheriff, to recover personal property. The defense is that the property belonged to plaintiff’s husband, and was seized for his debt. The Court below, a District Court, gave judgment for plaintiff. A motion for new trial was made, which was heard before the Superior Court of the County, the successor of the District Court, and was granted. The notice of the motion did not state that the defendant would move to have the decision vacated, neither did the order granting the new trial state in terms that the decision…