Bigalow v. Barre

Graves, Ch. J.

The plaintiff in error brought replevin against the defendant before a justice, for a quantity of lumber, and the defendant set up in defense that he took the lumber as deputy sheriff, on an execution issued on a justice’s judgment against Bigalow as garnishee of one Adam Howder. The justice gave judgment in the replevin suit in favor of Bigalow, and Barre then removed the cause by certiorari to the circuit court, where the judgment was reversed, and the lumber ordered to be returned. Thereupon Bigalow brought error to reverse this judgment of the circuit court.

If any of the…