Crown Co. v. Reilly

The opinion of the court was delivered by

Black, J.

This was an action of replevin originally brought in the East Orange District Court, under section 119 of the District Court act (Famph. L. 1898, p. 603), which is identical in language with section 2 of the Replevin act. 3 Comp. Stat., p. 4368.

There is but a single question presented for decision in this case, viz., whether a, demand was essential before commencing the action. Motions to nonsuit and to direct a verdict for the defendant were made on the ground that no demand had been made upon the defendant for possession of the goods. The…