Kirkpatrick v. Cooper

Court :

This action was commenced in replevin, before a justice of the peace. It is not controverted, that the affidavit required by the statute to be,made before the writ should be issued, was defective. A motion was made to dismiss the suit for that reason, but the justice allowed the cross-motion, and gave leave to amend the affidavit. By some inadvertence the affidavit was not, in fact, amended, but both parties must have treated it as having been amended, for they proceeded to try the cause, and- plaintiff obtained judgment. An appeal was then prosecuted to the circuit court by defendant,…