Choctaw Culvert & MacHinery Co. v. McCool

This is an action of replevin instituted in the circuit court of Attala county. There was a verdict and judgment in the lower court for appellee, the defendant in replevin, the plaintiff having theretofore in due time executed a bond for the forthcoming of the property and gone into possession thereof. The judgment for the defendant, we will assume, was in the alternative, but in some respects it was unusual.

The affidavit filed as the basis of the suit is as follows:

“State of Tennessee, Shelby County. Before me an officer duly authorized to administer oaths, A. S. Ullathorne, treasurer of…