Supreme Court of Connecticut June 15, 1877 (McDonald v. Holmes)

Carpenter, J.

This is an action of replevin. The defendant is a constable of the town of New Haven, and attached and held the property only by virtue of a writ of attachment against Edward McDonald. The plea in bar sets up this fact as a defense. The court below held that it was not a defense and rendered judgment for the plaintiff. The case comes before this court by a motion in error.