Burnham-Hanna-Munger Dry Goods Co. v. Hill

Citations

• 17 N.M. 347
• 128 P. 62

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. In an action of replevin, where an affidavit in replevin is filed, but no separate complaint; but the affidavit contains all the essential allegations of a complaint, the affidavit^__y should be treated as both a complaint and affidavit, and it is error to quash the writ of replevin for failure to file a separate complaint prior to the issuance of the writ.</p>