Smith Chevrolet Co. v. Finch

Appellant brought this action of replev-in in the circuit court of Jackson county, against appellee, to recover possession of an automobile, bought by the latter from the former. After the issuance and service of the writ of replevin, appellant filed its declaration, as required by statute. Appellee demurred to the declaration, which demurrer was by the court sustained, and appellant given leave to file an amended declaration, which was later filed. Thereafter, in vacation, appellant took a nonsuit, and paid the costs of the cause. Before this was done, however, appellee had filed a claim for…