Chapelle v. Webster

A writ of replevin issued by a justice of the peace was executed by seizing the property described therein, and serving upon the defendant a paper which, *483but for the omission of the justice in the place for his signature, was a true copy of the writ. Upon the return day the defendant appeared specially, and moved that the proceedings be dismissed, and that damages be assessed in his favor, upon the ground that the justice did not acquire jurisdiction. The motion was based upon an affidavit of the defendant, to which was appended the defective copy. Upon the face of this copy the following…