Bridges v. Layman
Indiana Supreme Court
APPEAL from the Clark Common Picas. Replevin by the appellant for a horse, saddle, and bridle, alleged to have been unlawfully taken and detained from him by the appellees, Layman and Clegg. An affidavit was filed at the commencement of the action, upon which an order was issued, and the property seized and delivered to the appellant. Subsequently, the court, on motion of the appellees, quashed the affidavit, to which the appellant excepted.
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APPEAL from the Clark Common Picas. Replevin by the appellant for a horse, saddle, and bridle, alleged to have been unlawfully taken and detained from him by the appellees, Layman and Clegg. An affidavit was filed at the commencement of the action, upon which an order was issued, and the property seized and delivered to the appellant. Subsequently, the court, on motion of the appellees, quashed the affidavit, to which the appellant excepted. Clegg answered by a general denial. - Layman filed an answer in two paragraphs: ■1. The general denial. 2. Admitting the seizure and detention of the…
1Opinion of the CourtElliott, C. J.
It is contended by the appellant, that.the > comí erred in sustaining the motion to quash the affidavit' upon which the order for the seizure of the property and! the delivery thereof to him was issued.
The statute requires the affidavit to show, among other-things, that the property has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an: execution or attachment against the property of the plaintiff, &c. The affidavit failed to show whether or not the-property had been seized under an attachment against the-plaintiff’s property. It was therefore defective,…
2Cases cited1 opinion
- Jones v. MartinIndiana Supreme Court · 1840
3Cited by6 opinions
- Hopper v. LucasIndiana Supreme Court · 1882
- Meyer v. WilsonIndiana Supreme Court · 1906
- Bascom v. TonerIndiana Court of Appeals · 1892
- McGaughey v. WoodsIndiana Supreme Court · 1886
- Consolidated Amusement Co. v. JarrettHawaii Supreme Court · 1915
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