Munley v. King

This suit was instituted before a justice of the peace, and it is for the recovery of the possession of personal property. The plaintiff gave no bond, and the defendants retained the property. In such cases, the mode of procedure is prescribed by section 2898, Revised Statutes, 1879, which is as follows :

“ When the plaintiff does not ask for the possession of the property pending the suit, or fails to file the bond required of him, or when the property claimed has not been taken from the possession of the defendant, the cause shall proceed as if the same had been taken by the officer; and if…