Whaley v. Gleason

This was an action of replevin, commenced by the appellee against the appellant before a justice of the peace.

On the day set for trial, the parties appeared before' the justice, and the appellant moved the court to dismiss the action, and in his motion assigned the following reasons therefor:

First. The papers on file in the action, purporting to be the complaint and affidavit, had not, up to the making of the motion, been signed by the plaintiff or any one in his behalf.

Second. Because the property was not specifically described.

Third. Because no seal appeared to the jurat of the affidavit…