In re Gould

Pennewill, C. J.,

after stating the case as above, delivering the opinion of the court:

The rule is now before the court, and the question to be determined is, whether goods and chattels taken by the sheriff of the county under a writ of replevin issued out of this court may be taken from the sheriff while in his custody and in custodia legis under a writ of replevin issued by a justice of the peace.

Respecting the preliminary objection made to the rule by the defendant, viz. that the right of the justice of the peace to issue the writ complained of cannot be determined in this proceeding, we…