Cox v. Sargent

The principal inquiry suggested by this record respects the right of the defendant in a replevin suit which has been dismissed at the plaintiff’s costs, wherein the judgment entered does not adjudge a return of the property to him, or find its value to recover in an action on the replevin bond the value of the property taken by the plaintiff.

In 1892, the Hansen Produce Company obtained a judgment against the Durango Packing Company which was a copartnership composed of E. C. Arnold and II. W. Cox for $782.01 with costs. On the 24th of June the plaintiffs sued out an execution from the…