Cary v. Hewitt

The plaintiff in error brought replevin in tlic court below against the defendants in error, and the court, assuming to be governed by Section 5088, Comp. L., as amended in. 1865 (Sess. L. 1865, p. 825), awarded judgment for a specific sum to the defendants. This statute is contained in the chapter regulating the action of replevin, and is as follows:

“When either of the parties to an action of replevin, at the time of the commencement of the suit, shall have only *230a lien upon, or special property or part ownership in, the goods and chattels described in the writ, and is not the general owner…