Cooper v. Smith

Plaintiff sued defendant in justice’s court in replevin for an omnibus and one set of hub runners, valued at $40, his declaration being in the usual form. Defendant pleaded the general issue, and gave notice that he had bought the property for $40, and that he was the owner of it; that in January, 1895, the plaintiff had sued him in assumpsit for the purchase price of the omnibus, in which -suit a bill of particulars was filed, claiming pay for the omnibus, $40; that issue was joined in that case January 19, 1895, and thé cause adjourned until February 6, 1895, at which time plaintiff…