
    Strauss v. Cooch.
    
      Attachment — Proceedings before Justices of the Peace.
    
    Error to the Circuit Court of Butler county.
    This action was brought by Strauss against Cooch, constable, to recover possession of two horses. Enger, being the real party in interest, intervened, was made defendant, and by answer disclosed that he had brought an action against Strauss before a justice of the peace in which he caused an attachment to issue, upon which the two horses in controversy in this action were taken by Cooch, as constable, as the property of Strauss; that the affidavit upon which the attachment issued stated that the property sought to be attached was not exempt from execution; that Strauss appeared before the justice and moved the discharge of the attachment on the ground that the property seized under it, being the two horses involved in this suit, was exempt to him under section 5441 Rev. Stats.; that the motion was heard by the justice on affidavits and overruled, after which ■judgment was rendered on the merits of the action in E'nger’s favor for $300 and costs, and that the proceedings ■and judgment aforesaid remain in full force.
    
      Granger & Hunt and Gideon C. Wilson, for plaintiff in error.
    . Thomas Mililcin and Doty f Todhunter, for defendant in qrror.
   By the Court.

The justice of the peace having, by section 6522 Rev. Stats., jurisdiction to hear and determine • the motion, his decision, while unreversed, was conclusive between the parties. Strauss, by invoking the action of the justice upon the motion, waived' any right that he might otherwise have had to a trial of the question by a jury.

Judgment of the Circuit Court affirmed.  