Thomas v. Beirne

The parties are here aligned as in the trial court, and we will refer to them as plaintiff and defendant.

On November 7, 1931, plaintiff filed his complaint in replevin to recover immediate possession of cattle described in chattel mortgage given by defendant to plaintiff on July 25,1929, to secure payment of four notes aggregating $8,314. Plaintiff alleged that defendant was not taking proper care of the cattle; that defendant had used another brand on some of the increase; that defendant did not have adequate pasture and water for said cattle; that market conditions for cattle were…