Mulheisen v. Lane

The officer being unable to find the property described in, the writ of replevin, so as to deliver it to plaintiff, a count was added to the declaration, in trover, upon which a recovery ivas had.

Plaintiff was a constable, and had in his hands an execution, issued by a justice of the peace, against the goods and chattels of John L. McNeil. The property in controversy is a sewing machine. No levy had been made upon the property, and, indeed, plaintiff never saw it. He understood McNeil Avas the owner of a sewing machine, and Avent to make a levy upon it, but Avas told defendants had just taken…