Mitchell v. McCollister

Opinion by

DICKSON, C.

This is an action in replevin commenced by the plaintiff in error, plaintiff below, against the defendant in error, defendant below, filed for the purpose of recovering possession of certain furniture and fixtures specifically described in the plaintiff’s petition.

An affidavit in replevin was made and a replevin bond was approved and filed, and the writ issued. The defendant executed a redelivery bond and retained possession of the property. The pleadings were in the ordinary form.

The case was tried on the 23rd day of March, 1921, and at the close of the plaintiff’s case…