Stark v. Couch
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division ; Guy Fulh, Judge; 1. Replevin is strictly a possessory action. Under the evidence, replevin does not lie in this case. 82 Ark. 362-364; 66 Ark. 135; Í5 O. Cir. Ct. R. 515; 23 Ind. App. 410; 60 Mich. 357; 17 Kan. 204; Kirby’s Dig., § 6854; 74 Ark. 557. 2. Without reference to the amount involved, appellant was entitled, on his demand therefor, to a trial by jury. Art. 2, § 7, Const.
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Appeal from Pulaski Circuit Court, Second Division ; Guy Fulh, Judge; 1. Replevin is strictly a possessory action. Under the evidence, replevin does not lie in this case. 82 Ark. 362-364; 66 Ark. 135; Í5 O. Cir. Ct. R. 515; 23 Ind. App. 410; 60 Mich. 357; 17 Kan. 204; Kirby’s Dig., § 6854; 74 Ark. 557. 2. Without reference to the amount involved, appellant was entitled, on his demand therefor, to a trial by jury. Art. 2, § 7, Const. Ark.; 4 Ark. 158; 8 Ark. 436; 56 Ark. 391; 75 Ark. 443; 40 Ark. 297; 61 Ind. 415; Kirby’s Dig., § 6170. .. 1. The evidence shows that appellee would not deliver…
1Opinion of the CourtKirby, J.
W. J. Couch brought an action in replevin against W. M. Hutchinson and Y. Starks, for the possession of two mules, alleged to have been sold to Hutchinson by Couch and a note given in payment upon which Starks was endorser. The title to the property was retained in the note until it was paid for. Suit was brought in a justice court in Pulaski County, and appellant, being ill, did not appear and judgment was rendered against him, and he appealed to the circuit court. Upon the calling of the case for trial there, it appeared •that no service of process had been had on Hutchinson and appellant…
2Cases cited4 opinions
- Reynolds v. State, ex rel. TitusIndiana Supreme Court · 1878
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Hodges v. NallSupreme Court of Arkansas · 1899
- Willson v. LightSupreme Court of Arkansas · 1842
3Cited by2 opinions
- Naperskie v. TrevillionSupreme Court of Arkansas · 1941
- Ladd v. Watkins & VinsonSupreme Court of Arkansas · 1914