Truax v. Parvis
Superior Court of Delaware
■ Action of Replevin for a four-year-old colt, sold and delivered by the plaintiff to William S. Grasley, taking two judgment notes for one hundred and fifty dollars, the price; the horse to be the property of the plaintiff until the notes should be paid.
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■ Action of Replevin for a four-year-old colt, sold and delivered by the plaintiff to William S. Grasley, taking two judgment notes for one hundred and fifty dollars, the price; the horse to be the property of the plaintiff until the notes should be paid. One of the notes was at four months for seventy-five dollars, and the other at six months for seventy-five dollars, dated April 18th, 1884. On the back of the last mentioned note was the following endorsement: “Smyrna, April 18th, 1884, this day have bought of Samuel Truax, one bay colt, four years old, the said colt belongs to him until…
1Opinion of the Court
Comegys, C. J.,
charging the jury:
We decline to give the first instruction. Although it is true of the action of replevin as we find its office, or chief purpose (the return to a plaintiff of property distrained for rent, or damage feasant) treated of in the books, that it is a local action and therefore must be brought in the county where the injury was done, be alleged in the narr to have been done there, and proof thereof made at the trial; yet having been extended particularly in this country, to illegal taking of personal property under any circumstances against the owner’s consent, and…
2Cited by9 opinions
- Poirier Manufacturing Co. v. KittsNorth Dakota Supreme Court · 1909
- Galbreath v. MayoSupreme Court of Oklahoma · 1918
- State Ex Rel. Patterson v. WarrenMississippi Supreme Court · 1965
- Waterbury Trust Co. v. WeismanSupreme Court of Connecticut · 1919
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
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