Clow v. Gilbert

I concur in affirming the judgment, but not in the reasons for so doing. I admit that the affidavit on which the writ of replevin was issued was bad, but not that as a consequence the justice "was without jurisdiction. Affidavits in replevin and complaints in forcible detainer, are, by the Supreme Court, put upon the same footing, even when the suits are begun before a justice. Evans v. Bouton, 85 Ill. 579; and if defective may be amended. Snowell v. Moss, 70 Ill. 313; Thompson v. Sornberger, 78 Ill. 303.

But if amenable, such affidavits and complaints are, if defective, only voidable—not void…