Davis v. Calvert
Supreme Court of Arkansas
Writ of Error to the. Ovrcuit Qourt of PMllüps Coimty. Hon. ChaRues "W". Adams, Circuit Judge. The plea is not objectionable, because it amounted to the general issue ; or because the matter relied on, could have been given in evidence under the general issue. In detinue, at the common law, to which our statutory remedy of replevin in the detinet is analogous, a lien must always have been pleaded specially. 1 Gh.
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Writ of Error to the. Ovrcuit Qourt of PMllüps Coimty. Hon. ChaRues "W". Adams, Circuit Judge. The plea is not objectionable, because it amounted to the general issue ; or because the matter relied on, could have been given in evidence under the general issue. In detinue, at the common law, to which our statutory remedy of replevin in the detinet is analogous, a lien must always have been pleaded specially. 1 Gh. PI. 488; 4 Bing. 106 ; 1 Dana 578, as to special property in a sheriif, 1 Gh. PI. 124. The plea was sufficiently certain, as it fully apprised the plaintiff that the defendant…
1Opinion of the Court
Mr. Chief J"ustice Ehgtjbii
delivered the opinion of the Court.
"William H. Calvert brought an action of replevin, in the cepit, against William M. Davis, in the Phillips Circuit Court, for a bay mare.
The defendant pleaded :
1. Won cepit.
2. Won Detinet.
3. Property in the defendant, traversing title in the plaintiff.
4. Property in a third person.
5. A special plea as follows: “Actio, non,-because he says, that the said bay mare, in the plaintiff’s declaration mentioned, was taken up by him, the said defendant, as an estray, and regularly posted as such, as required by the laws of said State of…
2Cases cited3 opinions
- Cromwell v. ClayCourt of Appeals of Kentucky · 1833
- Richardson v. BartleyCourt of Appeals of Kentucky · 1842
- Harryman v. TitusSupreme Court of Missouri · 1834
3Cited by4 opinions
- Howell v. DaughetSupreme Court of Arkansas · 1921
- Anderson v. DunnSupreme Court of Arkansas · 1858
- Langley v. BarkmanSupreme Court of Arkansas · 1861
- Nattee v. HuffSupreme Court of Arkansas · 1918