Middleton v. Robinson

Circuit Judge Philip H. Stoll, Acting Associate Justice,

delivered the unanimous opinion of the Court:

The sole question raised by this appeal is thus stated by the appellants: “In a claim and delivery action, where the plaintiff only seeks to get possession of the property, is it necessary to serve a complaint in addition to the affidavit required by the statute?”

The record discloses that the only papers served were a summons, an affidavit and a bond. Demand was made by the respondent on the attorney for appellant for a copy of the complaint, which demand was refused, the appellant’s attorney…