
    Worden et al. vs. Erskine.
    
      Alpena County Circuit Court,
    
    October, 1869.
    Defective affidavit for replevin — writ quashed — property replevied ordered to be restored, and motion costs awarded.
    Motion to quash writ of replevin. The affidavit annexed to the writ was made by plaintiff, Worden. It states that the property described in the writ has not been taken for aDy tax, <foc., “nor seized under any execution or attachment against the goods and chattels of this deponent,” <fcc., instead of the plaintiff’s.
    
      S. C. Draper, for Plt’ff.
    
      J. B. Tuttle, for Dei’t.
   Sutherland, J.

—Held, that the motion be granted, and that the property replevied be returned to the defendant, and that the plaintiff pay the costs of this motion, including an attorney fee of five dollars.  