Spahr v. Tartt

Defendant below interposed two pleas to plaintiff’s declaration in replevin, and a general demurrer to each plea having been sustained, elected to abide bv his pleas; judgment for plaintiff was rendered and defendant took this appeal.

All other pleas were withdrawn, and the only question here is, whether these pleas, four and five, were so defective in substance that a general demurrer thereto ought to have been sustained. It is attempted by these pleas to set up a defense for the taking and detention charged; that the animals mentioned in the declaration were taken damage feasant by defendant…