McLaurin v. Henry

The sole question for decision here is whether, in a bail-trover proceeding in which the sheriff has seized the property under bail process and neither the plaintiff nor the defendant has replevied it, so that it remains in custodia legis until the final disposition of the case, and on the trial thereof judgment is entered for the plaintiff for the property and its hire from the date of conversion to the date of levy, such judgment is erroneous insofar as it disallows to the plaintiff hire between the date of levy and the termination of the case.

Under Code § 107-105, the plaintiff, upon the…