White v. Graves

This was an action of replevin in the circuit court of Hancock county, by the defendant against the plaintiff in error.

The defendant below pleads in abatement of, the affidavit made by the plaintiff under the statute, previous to suing out the writ of replevin, on the ground that the affidavit did not *167show that the plaintiff’s right of action had accrued within one year. Issue was taken upon this plea. The affidavit concludes thus : “ and that the said Graves’s right of action to recover the same from said White, has accrued within one year.” The objection taken by the counsel for the…