Andersen v. Koss

Defendant appeals from an order entering summary judgment in favor of plaintiff in a replevin action. He contends that there were genuine issues of material fact that precluded entry of summary judgment. For the reasons hereinafter stated, we reverse the order of the circuit court and remand the cause for further proceedings.

Plaintiff filed an amended complaint in replevin to determine rightful possession of a Skye Terrier show dog named Sand Island Sinclair which she alleged was being wrongfully detained by defendant. Plaintiff is in the business of breéding Skye Terriers; defendant is also…