Climer v. Aylor
Supreme Court of Arkansas
Appeal from Izard 'Circuit Court; J. B. . Baker, Judge; 1. The complaint was sufficient. Kirby’s Digest, § 6854. No delivery was asked. The affidavit was no part of the complaint. 34 Ark. 111. The wrongful, detention and such general or special property in plaintiff as entitles him to the immediate possession are the essential facts necessary' to, support replevin.
Read the full summary
Appeal from Izard 'Circuit Court; J. B. . Baker, Judge; 1. The complaint was sufficient. Kirby’s Digest, § 6854. No delivery was asked. The affidavit was no part of the complaint. 34 Ark. 111. The wrongful, detention and such general or special property in plaintiff as entitles him to the immediate possession are the essential facts necessary' to, support replevin. Shipman on Common Law Pleading; 107, 34 Cyc. 1464-5. No particular form is necessary, 75 N. Y., 1. Ownership need not be alleged , in express terms if words of. equivalent import are used. 34 Cyc. 1469; 61 Mo. App. 445; 49 N. Y.…
1Opinion of the CourtWood, J.
Appellant instituted this suit against the appellee to recover the possession of a certain horse. His amended complaint is as follows: ‘ ‘ Comes the plaintiff and states that he claims a certain horse in this action; that it is an iron gray horse, about three years old and .about 14y2 hands high, and is worth about $130.00; and for the detention of said horse he believes that he ought to recover the sum of $25.00; that he is entitled to the immediate possession of said horse; that said horse is wrongfully detained by defendant, T. E. Aylor, and that according to the best knowledge,…
2Cases cited3 opinions
- Perry County Bank v. RankinSupreme Court of Arkansas · 1905
- Person v. WrightSupreme Court of Arkansas · 1879
- Hanner v. BaileySupreme Court of Arkansas · 1875
3Cited by7 opinions
- Lane v. AlexanderSupreme Court of Arkansas · 1925
- Strode v. HollandSupreme Court of Arkansas · 1921
- Dover v. HendersonSupreme Court of Arkansas · 1939
- Feldman v. FeldmanSupreme Court of Arkansas · 1926
- Jackson v. CroomSupreme Court of Arkansas · 1922
2 more not listed; retrieve them via the Exa API.