Stall v. Diamond

Diamond brought replevin in justice’s court, but his suit was dismissed for defects in his affidavit for the writ. Having obtained the property in controversy on his writ, the defendent waived a return, and prayed judgment for its value. The justice, after taking time to consider the application, gave him judgment for six cents damages and the costs of suit. From this judgment defendant appealed, and on motion, the circuit court dismissed the appeal on the ground that the case was not appealable. Error is brought on this dismissal.

We have no doubt the case was appealable. The statute (Comp.…