Dennard & Co. v. Butler

This was a possessory warrant sued out to recover possession of a horse. The justice decided the case in favor of the plaintiff, and the defendant filed a petition for the writ of certiorari. This was granted, and on the hearing of the certiorari the superior court entered judgment sustaining the certiorari, “upon the ground that S. E. Dennard & Co. never had possession that would entitle them to maintain a possessory warrant.” Error is assigned to this judgment.

The following is a substantial statement of the facts: Dennard. & Co. were livery stable keepers. They boarded a horse in…