MR. JUSTICE BLATCHFORD delivered the opinion of the court. After reciting the foregoing facts, he said:
This suit divides itself into two branches — the case of the assignee, and that of the marshal and his deputies. The assignee was not a party to the trespass suit. The plaintiffs in that suit, abandoning all pursuit of the goods and all action against the assignee, brought and continued their suit for damages against the marshal and his deputies. They did...
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