Bledsoe v. Ziegenhein Bros. Furniture Co.

The substance of appellant’s complaint on this appeal is that the court erred in making the order which it did make on said motion, because said minutes were and are erroneous and not sufficient to warrant such amendment. Technically speaking the court is not warranted in ordering issued the writ of retorno habendo until the formal order and judgment of the court is entered that the defendant recover of and from the plaintiff the property taken under the writ of replevin. Section 22 of chapter 119 of Hurd’s Eevised Statutes provides: “If the plaintiff in an action of replevin fails to…