Sigman v. Austin

An execution in favor of Austin, sheriff, for use, etc., against Sigman, was levied upon a horse and certain farm products, and the defendant interposed an affidavit of illegality. At the trial of the issue formed upon this affidavit of illegality, the jury, under the direction of the court, returned the following verdict: “We, the jury, find the property levied on in this case subject, except to corn, and we find the corn not subject.” The defendant made a motion for a new trial, which being overruled, he excepted.

1. One ground of the illegality was that the property levied on was the…