Pico v. Pico

McKinstry, J.:

The action was brought to recover certain personal property, or its value, alleged to be $5,000. The original answer was a general denial. By consent, the cause was referred for a trial of all the issues of law and fact. Among other findings, the *456referee found the value of the property, and that it had been taken under a “ writ of replevin,” and delivered to plaintiff, who had since “ unlawfully withheld the same from the possession of the defendant.” The property was, in fact, taken under a writ issued at the commencement of the action, and delivered to plaintiff. The judgment…