Kerwood v. Ayres

The defendant in error, as sheriff, levied an attachment upon certain goods as the property of one W. L. Denny. The. plaintiff in error, claiming ownership of the goods by purchase from Denny, brought an action against the sheriff for damages for their conversion. The petition, however, did not characterize the act of conversion as performed by *344the defendant in his.official capacity. To this petition only a general denial was filed by way of answer. The jury found in defendant’s favor ; judgment was rendered in accordance with the verdict, and the plaintiff prosecutes'error to this court.

On…