Simmons v. Robinson

Defendant Bobinson commenced suit *242in replevin before a justice of the peace. The property was described in the affidavit as “a quantity of wheat, rye, and. oats, being one-half of the grain grown on the Simmons farm in the year 1892,” and, in the writ, as “a quantity of wheat, rye, and oats, now in the possession of Frederick J. Simmons.” Simmons appeared specially, and moved to quash the writ, for the reason that no proper description of the grain was given in the writ. The motion was denied, and plaintiff had judgment. Simmons took a special appeal to the circuit, where the judgment was…