Burnett v. Bealmear

William T. Burnett, brought an action of replevin against Samuel Bealmear and Charles H. Shipley. Bealmear avowed as landlord for a month’s rent due on the thirty-first day of December, eighteen hundred and ninety-two, and Shipley made cognizance, as bailiff, that he took the goods and chattels under lawful and regular distraint. The plaintiff pleaded two pleas, separately* to the avowry and to the cognizance; and the defences arose under demurrer to the first plea, and under issue to the second. Both being decided against the plaintiff, he appealed to this Court.

On the face of the pleadings…