Hill v. Robinson
Supreme Court of Arkansas
Writ of Error to the Clrcidt Gourt of Sevier Gounty. Hon. Shelton "Watson, Circuit Judge. The defendant bad a lien on the property for services, and it could not be removed until tender or payment; and, of course, replevin would not lie. Wheeler vs. MeFa/rla/nd, 10 Wend. 318 / Sharp vs. Whittenhall, 3 Hill 576. Replevin will only lie for a tiling capable of clear identification, and of specific delivery. 2 Saund. PI. d> Jiv. 760/ 1 Oh. Pleadings.
Read the full summary
Writ of Error to the Clrcidt Gourt of Sevier Gounty. Hon. Shelton "Watson, Circuit Judge. The defendant bad a lien on the property for services, and it could not be removed until tender or payment; and, of course, replevin would not lie. Wheeler vs. MeFa/rla/nd, 10 Wend. 318 / Sharp vs. Whittenhall, 3 Hill 576. Replevin will only lie for a tiling capable of clear identification, and of specific delivery. 2 Saund. PI. d> Jiv. 760/ 1 Oh. Pleadings. Parties here were co-tenants or partners: and for this reason, replevin would not lie. Whitesides vs. Collier, 7 Dana 283. Action will lie for…
1Opinion of the CourtJustice Walker
This was an action of replevin, brought by Kobinson against TIill, to recover fifteen hundred pounds of seed cotton. The declaration is in the detinet, and no other description of the cotton is given, or where it was, whether in bags, a pen, or a house, or whether it was separated from, or in a pile with other cotton.
The defendant pleaded non-detinet/ which, under our statute, puts in issue, as well the title to the property, as the wrongful detention of it.
The jury found a verdict for the plaintiff, and after motions in arrest of judgment, and for a new trial, were made and overruled, the…
2Cases cited2 opinions
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Whitesides v. CollierCourt of Appeals of Kentucky · 1838
3Cited by2 opinions
- Smith v. Checker Cab CompanySupreme Court of Arkansas · 1945
- Lewis v. ClagettSuperior Court of New Hampshire · 1807