Chicago, Burlington & Quincy Railroad v. Pierce

'The petition alleged in substance that the defendant Pierce, as constable, held an execution against the Chicago, Burlington & Quincy Railway Company, an entirely different corporation from the plaintiff, and that the defendant Spencer, in whose favor the judgment was rendered on which the execution was issued, directed him to levy upon certain property belonging to and in possession of the plaintiff; that the defendant Pierce obeyed the order, and levied upon and took the property so pointed out to him. Pierce demurred to the petition on the ground that it did not appear therefrom that an…