Barlow v. Serio

Citations

• 129 Miss. 875
• 93 So. 356

Syllabus

<p>Replevin:. Error to enter judgment 61/ default in replevin without disposing of avowry filed.</p> <p>Where a tenant files a replevin under section 2856, Code 1906 (section 2354, Hemingway’s Code), and the landlord files his avowry justifying the seizure on the ground that rent is duo, etc., it is improper to take a judgment by default without disposing of the avowry in some way known to the law. It cannot be upheld on the ground that the affidavit for distress was irregular or insufficient.</p>