Clute v. Everhart

The statement of facts contained in the brief of plaintiff in error (defendant below) alleges that Clute, the plaintiff below, filed an affidavit for the replevin *6of some turkeys, of the value of $15, with a justice of the peace, on the 11th of November, 1902, but that a proper-bond was not filed at that time. The writ was issued,. but no return was made. On the return day, November 17th, the defendant moved to dismiss the writ. This was. done, and the justice made an order that the property replevied be returned to the defendant. The turkeys taken, viz., nine, were not returned, but remained…