Randall v. Gross
Nebraska Supreme Court
Error from tbe district court for Lancaster county. Action in replevin to recover possession of impounded swine. Plea of herd law. Demurrer by plaintiff. Sustained. Tried below before Frost, J. Judgment for possession and one cent damage.
1Opinion of the Court
Oldham, 0.
Tbis action was a suit in replevin for three bogs alleged to have been tbe property of tbe plaintiff. Tbe petition was in tbe ordinary form. Tbe defendant, instead of availing himself of tbe ordinary method of pleading in replevin, by filing a general denial, pleaded specially, alleging that at tbe time of tbe commencement of tbe action be was rightfully in possession of tbe property in dispute; that he is tbe owner of certain cultivated lands (describing them) , a large part of which was at tbe time the action accrued in growing corn; that tbe bogs claimed by tbe plaintiff were…
2Cases cited2 opinions
- Campbell v. . EvansNew York Court of Appeals · 1871
- Weber v. HartmanSupreme Court of Colorado · 1883
3Cited by3 opinions
- Gill v. WilderSupreme Court of Florida · 1928
- Fuchser v. JacobsonNebraska Supreme Court · 1980
- Foland v. MalanderNebraska Supreme Court · 1986