School District No. 36 v. McIntie

This is an action of replevin originally commenced before a justice of the peace. The plaintiff, by its treasurer, *47made and filed the usual affidavit in replevin, in which the property is described as “ one school-house, about 14x24 ft. in size, composed of sod and lumber, now situated on the south-west quarter of section twenty-nine,” etc. Upon the return day of the writ, the parties appeared and went to trial without the plaintiff filing any bill of particulars or the attention of the court being called thereto. Nor did the defendant make any answer or denial whatever in the case. The…