Mississippi Power Co. v. Russell

The appellant sued out a writ of replevin before a justice of the peace by which it sought to recover a Hot Point water heater valued in the affidavit at forty dollars, and an electric range valued in the affidavit at sixty dollars. The officer executed the writ, took the property into his possession, and, on the defendant, appellee here, giving bond therefor, surrendered the possession to him.

Afterwards, the appellant — without necessity therefor — filed a declaration in replevin in the justice of the peace court, in which, in addition to the recovery of the, property, it prayed for damages…