O'Brien v. Haynes

This suit was brought in replevin, to recover a mule, and was finally tried upon a declaration in'trover.

• Counsel for appellant insist that there was no authority to issue an alias writ of replevin.

The first writ was served after the return day, and when it had ceased to have any vitality. This did not give the court any jurisdiction of the person, and no judgment could properly be rendered upon such service and return. The suit was, however, pending in court, and it was proper to order the issuance of another summons, and continue the cause.

Where the party is not served, a second writ of…