Ames Iron Works v. Rea
Supreme Court of Arkansas
Appeal from Marion Circuit Court. This was a conditional sale of property, and the proper remedy was replevin. 49 Ark. 63 ; 47 Ark. 363. The answer set up no equitable defense whatever, and the cause was improperly transferred to equity. A counter-claim for damages is not a defense to an action 'of replevin. Accounts cannot be adjusted or settled in an action of replevin.
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Appeal from Marion Circuit Court. This was a conditional sale of property, and the proper remedy was replevin. 49 Ark. 63 ; 47 Ark. 363. The answer set up no equitable defense whatever, and the cause was improperly transferred to equity. A counter-claim for damages is not a defense to an action 'of replevin. Accounts cannot be adjusted or settled in an action of replevin. Cobbey on Replevin, sec. 791. Set-off is not a good defense to an action of replevin. 40 Ark. 75 ; 5 Watts,'516 ; 23 Ga. 43 ; 22 Mich. 419 ; Waterman on Set-off, sec. 144. ■ 1. The legal, as distinguished from the equitable,…
1Opinion of the CourtBattee, J.
The Ames Iron Works instituted an action of replevin against J. C. Rea to recover possession of an engine, boiler, pump, pulleys, shafting, one fifty saw gin, feeder and condenser, and one set of Southern Standard Press Irons, of the aggregate value of $800, claiming that it was entitled to the 'immediate-possession of the same by virtue of the terms of a conditional sale thereof to the defendant.
The part of the defendant’s answer to the plaintiff’s complaint, which it is necessary to state in order to present the question decided by us, is, substantially, as follows : On or about the 22d day…
2Cases cited4 opinions
- Bloodworth v. StevensMississippi Supreme Court · 1875
- Nattin v. RileySupreme Court of Arkansas · 1890
- Hudson v. SnipesSupreme Court of Arkansas · 1882
- Rogers v. KerrSupreme Court of Arkansas · 1883
3Cited by16 opinions
- Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
- Ramsey v. CapshawSupreme Court of Arkansas · 1903
- Yellowstone Sheep Co. v. EllisWyoming Supreme Court · 1939
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