Ford v. Gladfelter
Ford v. Gladfelter
Opinion of the Court
The opinion of the court was delivered by
As near as we can ascertain from the record brought to this court, we think 'the facts of this case are
The case is brought to this court by a case-made, and this case-made does not contain, and apparently the transcript of the proceedings taken from Justice Pitman’s court to the district court did not contain, any copy of the plaintiff’s bill • of particulars, or his affidavit for replevin, or his replevin bond, or the summons or writ of replevin, or the application for a change of venue, or the order granting the change of venue, or anything showing that any of the costs accruing in Justice Dunlap’s court had been paid, or that a judgment for the same had been confessed before the change of venue was granted, or anything showing whether the costs accruing in Justice Dunlap’s court, and taxed to the plaintiff by Justice Pitman, were costs made by the plaintiff or made by the defendant, or by both, or whether they were for witnesses’ fees, or for issuing or serving subpoenas, or were costs in transferring the case from Justice Dunlap to Justice Pitman, (Justices’ Code, §§ 78, 79,) or were costs for something else, as for Justice Dunlap’s other fees in issuing the summons and writ of replevin, making docket entries, filing papers, approving bonds, administering oaths, etc., and the constable’s other fees in serving the summons and writ of replevin, keeping the property taken on the writ of replevin, and possibly many other things. The burden of showing all these things, both to the district court and to this court, devolved, and. now de
Reference
- Full Case Name
- O. S. Ford v. Levi Gladfelter
- Status
- Published