Harper v. Futrell

Appellee, Dan Futrell, brought a replevin action against appellant, Bay Harper, in a justice court of Howard county, seeking to obtain possession of a 1939 model six-foot Frigidaire. No complaint was filed, the basis of the action being the affidavit executed by appellee stating, among other things, that he-was the owner thereof and entitled to its immediate possession, and that same was in the possession of appellant. Upon trial in the justice court appellee was awarded the possession of the refrigerator.

■ An appeal was prosecuted to the circuit court. No written pleadings were filed in this…