Nichols & Shepard Co. v. Baker

Opinion of the court by

Gillette, J.:

This was an action of replevin brought by the Nichols and Shepard Company against W. W. Baker, in the probate court of Blaine county, on the 31st day of April, 1899. The case seems in every way regular, as shown by the record brought to this court. The replevin affidavit described the property and fixed its value at nine hundred and fifty dollars. The record shows the issuance and the due and legal service of the summons and writ of replevin. On May 2, the defendant Baker appeared specially and filed his motion to dismiss the action, and for an affirmative…