Thomas v. Lang

This action was commenced in the justice of peace court of Muskogee county. It was appealed to the district court of Muskogee county and tried de novo, whereupon judgment was rendered for the plaintiff for the possession of certain personal property, to wit, four hogs.

At the commencement of the action affidavit of replevin was filed and replevin summons issued, in which the directions to the constable to immediately deliver the personal property to the plaintiff were stricken out. and the plaintiff proceeded in the justice court and the district court on the theory that he had a right to…