Treadwell v. Paddock

The record in this case shows that plaintiff replevied from defendant a wagon which defendant, as deputy-sheriff, had taken on an execution issued against plaintiff’s husband. The property was taken on the writ of replevin and restored to plaintiff, but, by reason of a failure by the officer who served the writ to deliver a properly certi*287fied copy to defendant, the case was dismissed, and judgment of discontinuance entered. Defendant waived a return, and claimed an assessment of damages. Upon the assessment plaintiff offered to show the condition of thq title as belonging to her, so that the…