Caffrey v. Dudgeon

The record in this cause presents for our consideration and decision but a single question, and that arises upon the alleged error of the court in sustaining a demurrer to the complaint.

The action was based upon a replevin bond. The material facts alleged in the complaint are these;

That on the 29th day of January, 1870, Samuel W. Dudgeon filed, in the office of one Palmer A. Black, a justice of the peace of Benton county, in the State of Indiana, a sworn complaint, in which it was alleged that the plaintiff was the owner, and entitled to the immediate possession, of a span of horses of the…