Upton v. Pendry

The opinion of the court was delivered by

Dawson, J.:

This was an action in replevin for the possession of goods and chattels pertaining to a hotel. Plaintiff’s original petition exhibited a “Schedule A” which described the property, and contained the usual allegations of ownership and right to immediate possession, the wrongful detention by the defendants, that the property was not taken on execution to satisfy a judgment, nor for the payment of a tax or fine nor by virtue of any order issued in replevin' or other mesne or final process. The schedule attached to the petition contained a list…