Tennessee Valley Fertilizer Co. v. Stevens

1. Where an action for the recovery of personalty has heen brought, and the defendant has been imprisoned under bail process, upon an application by him to be discharged under the Civil Code (1910), § 5154, the questions of fact raised for determination are whether the defendant can neither give security nor produce the property, and whether the reasons for its non-production are satisfactory.(a) To allege and prove that guano, which was the'subject-matter of the action, could not be produced because it had been bought and placed in the ground as a fertilizer, is legitimate as showing a…