Town v. Wilson
Supreme Court of Arkansas
Writ of Error to Washington Circuit Court. Replevin in the cepit et detinet, by Wilson against Town, for a mahogany bedstead, determined in the Washington Circuit Court, in December, 1845. Defendant pleaded, in abatement, that plaintiff sued out his writ withoutfiling the affidavit required by law, {Rev. Stat., chap. 126, s. 4), but did not swear to the plea. On motion, the court struck out the plea, and defendant excepted.
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Writ of Error to Washington Circuit Court. Replevin in the cepit et detinet, by Wilson against Town, for a mahogany bedstead, determined in the Washington Circuit Court, in December, 1845. Defendant pleaded, in abatement, that plaintiff sued out his writ withoutfiling the affidavit required by law, {Rev. Stat., chap. 126, s. 4), but did not swear to the plea. On motion, the court struck out the plea, and defendant excepted. Defendant declining to plead further, an interlocutory judgment was rendered, and a jury called to assess plaintiff’s damages, who returned a verdict for ten dollars.…
1Opinion of the CourtCokway B, J.
This was an' action of replevin for a mahogany bedstead. The defendant below pled in abatement, that plaintiff sued out his writ without filing the requisite affidavit. The plaintiff moved to have the plea stricken from the files because not verified by affidavit, and the motion was sustained. The defendant excepted and rested upon his exception. An interlocutory judgment was then given against him, and a jury impanneled to assess the damages. On their finding, final judgment was rendered against defendant, and he has brought error.
The affidavit prescribed by the statute, is requisite prior…
2Cases cited1 opinion
- Montgomery v. CarpenterSupreme Court of Arkansas · 1843
3Cited by1 opinion
- Ward v. KohnCourt of Appeals for the Eighth Circuit · 1893