Eaton v. Langley
Supreme Court of Arkansas
Appeal from Greene Circuit Court. Felix G. Taylor, Judge. The change from standing timber to cross-ties was not such a change of identity as will prevent the original owner from maintaining replevin, Avhether the change was Avrought innocently or Avilfully. r'íT’Ark. 210; 55 Ark. 307, 310; 78 Ky. 481; 37 Mich. 332; 70 id. 309; 115 N. C. 85. The recovery of the property is the primary object of the suit, and the alternative judgment for its value is not to be rendered for-…
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Appeal from Greene Circuit Court. Felix G. Taylor, Judge. The change from standing timber to cross-ties was not such a change of identity as will prevent the original owner from maintaining replevin, Avhether the change was Avrought innocently or Avilfully. r'íT’Ark. 210; 55 Ark. 307, 310; 78 Ky. 481; 37 Mich. 332; 70 id. 309; 115 N. C. 85. The recovery of the property is the primary object of the suit, and the alternative judgment for its value is not to be rendered for- the purpose of alloAving the Avrongdoer to elect to deliver the property to pay for it. 50 Ark. 303. The facts are fully…
1Dissent
Bunn, C. J.,
(dissenting). ' This is an action of replevin, as contended by appellant, but an action of trespass or trover, as contended by appellee, brought by appellant against appellee for the recovery of a lot of cross-ties, or the value thereof, in the one case, and damages for the conversion thereof, in the *íóther case. As the names of actions amount to nothing under the civil code, we have necessarily to resort to the language and prayer contained in the pleadings, and the intention of the plaintiff as therein shown, in order to determine what is the real object of his suit. In this…
2Cases cited8 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Jacoway v. GaultSupreme Court of Arkansas · 1859
- Wright v. GrahamSupreme Court of Arkansas · 1883
- Gates v. Rifle Boom Co.Michigan Supreme Court · 1888
- Little v. DodgeSupreme Court of Arkansas · 1877
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