Shewmake v. Shifflett

Appellee brought this, a suit in replevin, to recover from appellant, who is his sister, a diamond ring, and from a judgment in his favor is this appeal.

A reversal of the judgment is asked upon several grounds and, among others, that appellee had not complied with the provisions of § 11373, Pope’s Digest, which section prescribes the requisites of the affidavit required to obtain an order of delivery of the property sought to be recovered upon the institution of the suit. It has been held, however, that the office of the affidavit is to procure the order of delivery (Hawes v. Robinson, 44…