Davis v. Brinker

Eeplevin before a justice of the peace, by the appellee against the appellant. There was a trial without plea, answer, or objection to the papers or jurisdiction of the justice, and judgment for the plaintiff. Appeal to the circuit court, where a like result was reached. But before trial in the circuit court, the defendant filed a plea or answer in abatement of the action, alleging that the replevin bond before the justice was executed on Sunday, and, therefore, the justice had no jurisdiction of the case. A demurrer to this answer was sustained, and this ruling presents the only question in…