Beers & Co. v. Wuerpul & Co.
Supreme Court of Arkansas
Appeal from PulasM Circuit Cowt. ITon. LibeRty Bartlett, Circuit Judge. After the property taken in replevin has been turned over to plaintiff, a party other than the defendant may replevy the same from him, or any one holding under him. 7 Monroe, 427; 3 J. J. Marsh. 124; 4 B. Mon., 93. In this case Morris was not a party to the original suit; and the rule is stringent that a plea in abatement must' show that the other suit pending is between the same parties for the same…
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Appeal from PulasM Circuit Cowt. ITon. LibeRty Bartlett, Circuit Judge. After the property taken in replevin has been turned over to plaintiff, a party other than the defendant may replevy the same from him, or any one holding under him. 7 Monroe, 427; 3 J. J. Marsh. 124; 4 B. Mon., 93. In this case Morris was not a party to the original suit; and the rule is stringent that a plea in abatement must' show that the other suit pending is between the same parties for the same cause of action. Bao. Abr., vol. 1, p. 28 ; 1 Saund. PI. <& Ev. 20; 2 Summer, 589. When in replevin a defendant pleads in…
1Opinion of the CourtJustice ComptoN
This was an action of replevin brought by Charles H. Beers and Lucein T. Morris, partners, under the style of C. H. Beers & Co., against Morris Wuerpul and Thomas M. Laws, partners in the livery stable business, under the style of M. Wrierpul & Co., for the recovery of two horses, a buggy and set of double harness.
At the return term the defendants appeared and pleaded in abatement, that before the commencement of the suit, one Frank J. Webb brought his action of replevin against the said Charles H. Beers, one of the plaintiffs, whereby the property mentioned in the declaration' was replevied…
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