Green v. Aker

This was an action to recover the possession of personal property, commenced by Aker before a justice of the peace, before whom a motion was made by the defendant to dismiss the cause for want of a sufficient affidavit. The motion was sustained, and the cause dismissed. The plaintiff appealed, and in the Circuit Court the defendant again moved to dismiss for the same reason. Pending the motion, the plaintiff obtained leave and filed an amended or additional affidavit, whereupon the motion to dismiss was overruled, to which the defendant excepted.

This presents the first question. The last…