
    *George W. Oaks v. Eliphalet Wyatt.
    This was an action of replevin. The declaration was in the common form. Plea, non detinet.
    
    On the trial, before Judges Lane and Grimke, in the county of Cuyahoga, the defendant, offered to prove that he levied upon and held tho property in dispute, as á constable, by virtue of three executions against the goods and chattels of one George B. Sperring.
    The plaintiff objected to the admission of this testimony under the issue of non detinet, without special plea or notice. The objection was overruled, and a bill of exceptions taken. Application was made for the allowance of a writ of error, but a non allocatur was indorsed by the four judges.
    Payne & Wilson, for the plaintiff in error.
    S. J. Andrews, contra.
     