Foster v. Wiley

Foster sued Wiley and Montieth in trespass for taking from his possession a certain carriage. The defendants justified under an execution issued on a judgment against Foster in favor of Wiley, by virtue of which a levy was made on the carriage by Montieth, as deputy sheriff. The judgment was rendered by a justice of the peace, and it was not disputed that that, as well as the execution issued upon it, was in due form of law. Foster claimed, however, that he had appealed the judgment to the circuit court before execution was issued, and consequently that there was no auibority for issuing the…