Evans v. Bouton

This was replevin, before a justice of the peace, for a black mare, and taken by appeal to the circuit court.

There was no appearance by the defendant in the justice’s court. In the circuit court, the cause having been continued from term to term, not on appellant’s motion, the defendant, at the March term, 1873, entered his motion to dismiss the cause for want of an affidavit.

The statute provides, before a justice of the peace shall issue a writ of replevin, an affidavit shall be filed, showing that the plaintiff in the action is the owner of the property described in the writ and about to he…