McCabe v. Loonsfoot

This is a replevin case commenced in justice’s court for one horse, which was delivered to plaintiff. On the return day of the writ, plaintiff filed a written request with the justice to discontinue the case, but did not return the property to defendant. A judgment was entered in favor of defendant for a return of the property and for damages because of its detention. From that judgment plaintiff appealed the case to the circuit court. Upon the trial in the circuit court, the defendant waived a return of the property, and, against the objection of plaintiff, a judgment for its value was…