Miller v. Bennett

Mu Justice Crow

delivered the opinion of the court.

Action in replevin was begun by plaintiff against defendant before a justice of the peace to recover possession of an elevator used on a farm to hoist or convey com into a corncrib. It is referred to in the record as a ‘ ‘ com dump. ’ ’ At the time the case was set for trial before the justice, plaintiff’s attorney told the justice he would not appear and that he could default plaintiff and he would appeal. The justice rendered a judgment that the property “be and is hereby awarded to the defendant and judgment against plaintiff for costs.”…