Jackson v. Kirschman

McCALEB, Judge.

A rehearing was granted to the defendant in this matter because we entertained some doubt as to the correctness of our holding that a seizure of property for a larger amount than that actually due under a judgment is wrongful, and that, as a consequence, the seizing creditor is liable in damages to the judgment debtor. We also granted a rehearing to the plaintiffs with respect to their claim that our allowance of $100 damages was inadequate.

We have carefully re-examined the record in the case and believe it to be apt to restate the facts, which we find to be as follows:

On…