Goff v. Byers Bros. & Co.

This was an action brought by Byers Bros. & Co., a partnership, against George Goff to recover possession of four cows, two heifers and four steers. These cattle were seized damage feasant and were held by the defendant, a constable, under an execution issued by a justice of the peace for the enforcement of an award made in accordance with the provisions of the herd law. The plaintiff’s claim is based upon a chattel mortgage executed to it by McBride, the owner of the cattle, to secure an indebtedness which had matured before the seizure, and is still unpaid.

The jury in the district court…