Kane v. Dauernheim

The record in this case shows the folly of a departure from established rules and precedents. The plaintiff brought an action before a justice of the peace for the recovery of $300. The basis of his action, according to his statement filed before the justice, was an alleged equitable claim arising out of the following facts. The plaintiff, as constable, levied several executions in favor of the defendant on property exempt from execution. He sold the property and applied the proceeds on such executions. Subsequently he was sued by the execution debtor and compelled to refund the money, and he…