Chester

This is an action to recover possession of 2,638 sheep and $500 *48 damages. Defendant, Sheriff, justified under a writ of attachment issued in the case of L. Hirshfeld & Co. v. Wm. Glendenning. Glendenning had been the owner of the sheep, and the question in controversy was whether the sale of them by him to Chester had been, prior to the seizure under the attachment, accompanied with an actual and continued change of possession, and whether the sale was a bona fide transaction, or for the purpose of hindering, delaying, and defrauding creditors, and particularly Hirshfeld & Co. The jury rendered a verdict for defendant, and plaintiff appealed from the judgment rendered thereon.

After the jury had been impanneled, on plaintiff’s motion, the Court made an order by which witnesses were excluded from the court-room; but IT. Hirshfeld was excepted from the ruling by the Court, on the ground that he was a party in interest, though not a party of record. We see no error in permitting H. Hirshfeld to be present. Being a party in interest, he should have been allowed to be present and aid in or observe the progress of the trial.

IT. Hirshfeld, examined as a witness for defendant,…