
    REPLEVIN.
    [Muskingum (5th) Court of Appeals,
    November 18, 1916.]
    Shields, Powell and Houck, JJ.
    A. B. Smith v. Lizzie Feasley.
    Affidavit in Repleyin not Pleading and May be Verified by Attorney.
    An affidavit in replevin is not a pleading, and its verification Is not governed by Sec. 11358, limiting the causes in which the verification may he by an agent or attorney, but rather by Sec. 12052, making an affidavit of an agent or attorney of the plaintiff sufficient.
    [Syllabus by the court.]
    ERROR.
    
      C. Wine', for plaintiff in error.
    
      A. A. George, for defendant in error.
   HOUCK, J.

Plaintiff in error contends that the common pleas court erred in sustaining a motion to the affidavit in i*eplevin of the plaintiff below, the plaintiff in error, and also in dismissing the petition in the case. The affidavit in replevin was made by the attorney for the plaintiff, and the defendant below, the defendant in error, urges that it is not sufficient in law because it does not comply with the provisions of Sec. 13358, G. C. Upon the other hand, the plaintiff in error contends that the verification of said affidavit in question was made under favor of Sec. 12052 G. C. and that it is in full compliance with law.

Upon an examination of these sections of the General Code, we are fully convinced that the claim of plaintiff in error is sound. An affidavit in replevin is not a pleading, and therefore Sec. 11,358 G. C. does not apply to the verification of, or as to who is authorized in a replevin case to make the affidavit, but See. 12052 governs. The affidavit under consideration, as we view it, fully complies with all the provisions of Sec. 12052 G. C. Therefore, from our examination of the record in this case, we find error therein prejudicial to the rights of the plaintiff in error, and the judgment of the common pleas court is reversed and the cause is remanded to that court with instructions to overrule the motion to the affidavit in replevin and the order dismissing the petition is set aside.

Cause remanded to the common pleas court with instructions to carry out the order of this court.

Shields and Powell, JJ., concur.  