Frank v. Brown

The plaintiff commenced a suit by replevin in justice’s court. Such proceedings were had therein that judgment was rendered iu favor of the defendant for the value of the property replevied. The plaintiff removed the case to the circuit court by writ of certiorari. The judgment in the justice’s court was affirmed. The case is brought here by the plaintiff.

The two grounds of error discussed in plaintiff’s brief are:

First. The justice had no jurisdiction to render a judgment in said cause until the officer made a return.

Second. The justice had no jurisdiction to render a judgment for value…