89-7-99 - Pleas to the declaration.
§ 89-7-99. Pleas to the declaration.
The only pleas to a declaration in replevin shall be either, first, a denial that the goods were seized on demand or at the plaint of the defendant; or, second, an avowry that they were rightfully seized for rent or supplies, or both, due and in arrear, or to become due. The two pleas can only be pleaded together when each is to only a part of the declaration and relates to separate portions of the property. The first of said pleas shall be substantially to the following effect, to wit:
"Thomas East
v. Circuit court, ________ County.
William West.
"Now comes the defendant, William West, and for plea to plaintiff's declaration, says: It is not true that he caused an officer of ________ County to seize and take from plaintiff, Thomas East, under an attachment for rent, the possession of the property, or any part of it, described in the said declaration; and of this the defendant puts himself upon the country."
On the trial of this plea the burden of proof shall be on the plaintiff .
Sources: Codes, 1892, § 2523; 1906, § 2861; Hemingway's 1917, § 2359; 1930, § 2210; 1942, § 932.