Brennan v. Shinkle

As appears from the transcript of the proceedings below, this was an action of replevin commenced before a justice of the peace.

Judgment was rendered by the court below, against appellant, by default, and appellee’s damages were assessed at $200.

The point urged as ground for reversal is, that this judgment is necessarily erroneous, because the return of the constable shows that he took the property on the writ of replevin and delivered it to appellee; and that appellee could, hence, recover but nominal damages for its detention.

There is no bill of exceptions, and it necessarily results that…