Bloomingdale v. Chittenden

The plaintiff commenced an action of replevin before a justice of the peace.

The parties appeared before the justice, when the plaintiff declared orally in replevin for the goods and chattels mentioned in the affidavit and writ.

The defendant pleaded the general issue, and then objected to the jurisdiction of the justice upon two grounds:

1. Because the bond was not in a penalty of double the *306amount or value of the property sworn to, and the sureties had not justified their pecuniary responsibility as such to a bond such as the statute requires.

2. Because the affidavit was not subscribed by the…