Baker v. Dubois

Pbb Cueiast :

Baker, being sued by Dubois in replevin, pleaded to the merits, and a jury being sworn to try the issue, he moyed for a non-suit and that the cause be dismissed, and assigned for cause, that the court had no jurisdiction, for the reason that the affidavit “upon which,” in the language of the motion, “the writ was issued was an insufficient affidavit, and gaye no authority whatever to this court to issue the writ; that said affidavit was not in accordance with the requirements of the statute.” The court held that the defendant’s pleading the general issue to the declaration was a…