Norman v. Toliver

The opinion of the court was delivered by

Mason, J.:

Joseph G. Norman brought replevin against L. H. Toliver before a justice of the peace. The sheriff took possession of the property, under a writ, and delivered it to the plaintiff, who upon the return day dismissed the action. The justice then continued the case until the next day. The plaintiff seems to have made no further appearance. At the time set an order *357was made purporting to substitute the Home Savings Bank as defendant, upon a showing that Toliver was interested only as its agent. The case was afterwards tried in the absence of the…