Tillotson v. Delfelder

ON PETITION FOB REHEARING

Blume, Chief Justice.

A petition for a rehearing has been filed herein by the appellant, defendant below, on the ground that the court erred in holding that the allegation of value contained in the petition of plaintiff in replevin, respondent here, and admitted in the answer, was not conclusive of such value, and several cases are cited to the general effect that admissions in pleadings are binding.

An affidavit of replevin need not, under the statutes of this state, contain anything as to the value of the property sought to be taken under a writ of replevin. Section…