Kelley v. Lovett

On Rehearing.

FOSTER, Justice.

It is now brought to our attention' for the first time that the judgment in this case is irregular and should be corrected.

It is a claim suit based on an execution: The judgment is against the claimant and dismisses the claim, and adjudges that claimant and the sureties on her appeal bond pay the costs of the claim suit, and that plaintiff have and recover of the claimant and said sureties the property sued for or the alternate value thereof, which is itemized and the value of each item given.

The trial was had first in a justice court resulting in judgment for…