Cartwright v. Smith

.McAlistKR. J.

This is an action of replevin coninienced before a Justice of the Peace, to obtain possession of three mules and a cow. On appeal to the Circuit Court the defendant’s counsel moved to quash the writ upon the ground that the affidavit is insufficient in this, that it failed to state that -defendant had seized or detained the property.

It is true the Code, in prescribing what shall be stated in the affidavit, does provide that it shall state “that the defendant has seized or that he detains” the property to be replevied. Code (Shannon), §5130. But this exception, in analogy to…