Perkins v. Smith

This was an action of replevin, commenced before a justice of the peace. On applying for .the writ, the appellant, who was the plaintiff below, made his affidavit stating that he was the lawful owner of a certain horse, (describing him but omitting to state his value,) and that Smith unlawfully detained him. Perkins, at the same time, filed before the justice a separate cause of action, which, among other defects, also omitted the value of the horse. The parties appeared before the justice, and the defendant pleaded,—property in himself,—and that the horse was worth more than 20 dollars,…