Pistorius v. Swarthout

Campbell, O. J.

In this case the plaintiff sued out a replevin for beasts distrained, making the proper affidavit before a justice. The animals were delivered to plaintiff on a bond which was given before appraisal. Motions were twice made before the justice to quash, and denied. Judgment was there entered upon proofs on default, and appealed by special and general appeal. In the circuit court, the appeal on special grounds, which included jurisdictional questions, *187was overruled, and defendants pleaded generally, and plaintiff recovered judgment for nominal damages, and costs.

The principal…