Clow v. Gilbert

This is an appeal from a judgment of the Circuit Court, rendered there upon a trial had upon an appeal from a judgment rendered by a justice of the peace.

Appellants had, in an action of replevin begun before a justice of the peace, taken away from the possession of appellee certain property; that action of replevin had been dismissed by the justice, but no writ of retorno had been awarded. Appellants not having returned the property it was demanded from them by appellee and upon their refusal the present action was brought.

The principal contention of appellants is, that no writ of retorno…