Johnson v. Boehme

The opinion of the court was delivered by

Cunningham, J.:

An action in replevin was brought in which thirty head of cattle belonging to the defendant in error, Boehme, were taken by the sheriff, the plaintiff in error. Boehme was not a party to that action. He,, however, employed attorneys to defend in the name of the defendant in that action, such defendant being Boehme’s agisting bailee. In that action Boehme’s bailee recovered his costs, but no judgment was entered awarding the possession of the cattle to him or ascertaining their value, and awarding judgment for the same in case a return of…