McCamley v. Peek

This suit was dismissed by the court below for the alleged reason that no declaration was filed prior to ten days before the second term of the court after the suit was commenced.

The suit was in replevin. A declaration was found among the papers at the October term at which the suit was dismissed, but it had no file marks on it. The appellant moved the court for leave to file the declaration nunc pro timo as of ten days prior to the April term preceding, but this was refused by the court.

This action of the court is assigned for error.

The various affidavits show that the husband of the…