McDonald v. Cobb

Opinion by

BOWLES, C.

This, is an action in re-plevin, instituted by plaintiff in error against defendant in error (hereinafter referred to as plaintiff and defendant, respectively), in the county court of Wagoner county. The replevin suit was defended upon the theory that the cattle claimed in the replevin action were rightfully held by the defendant under and by virtue of the herd law. Plaintiff complains that the defendant was not entitled to the possession of the cattle on account of irregularities in the distraint proceedings; in other words, that (1) the notice to the plaintiff, required…