Draper v. Farris

— This is an action of replevin, instituted before a justice of the peace, to recover a fruit evaporator. The plaintiff in his affidavit stated that the value of the article was $145. The property *418was not delivered to the plaintiff, because (as appeared upon the trial) it could not be found. There was judgment for the defendant before the justice. The plaintiff took an appeal, but did not state in his affidavit whether the appeal was taken from the merits or from an order or judgment taxing costs, as required by section 6330 of the Revised Statutes of 1889. No advantage of this defeat was…