Combs v. Bays

— This was an action in replevin to recover the possession of a promissory note, and was commenced before a justice of the peace. On appeal to the circuit court, a demurrer to the complaint was sustained, and the only question presented by the record is the sufficiency of the complaint. In brief, the complaint states that the appellant is the owner and entitled to the possession of a certain promissory note, for the sum of $274.25, and sufficiently describes the note so that it might be identified. It is then averred that the appellee unlawfully holds and detains from the appellant the…