Fink v. McCue

The action is in replevin to recover possession of seventy-one sacks of wheat, seized and levied upon by defendant McCue, as constable, to satisfy an execution issued to him by a justice of the peace, on a judgment in favor of one Henry Lee and against J. D. South, in the sum of one hundred dollars for services rendered as house servant and common laborer. The petition is in the usual form. The answer is a general denial and an affirmative allegation that J. D. South was the owner of the wheat, and justified the seizure and retention of the wheat by virtue of the execution against South and…