Holcombe v. Mountain River Dairy Farm, Inc.

KNIGHT, Justice.

Action of detinue brought by plaintiff, appellant here, against the appellee, to recover 53 head of cows.

The plaintiff on the filing of her suit made the required affidavit and bond, and the clerk issued his writ directing the seizure of the cattle, unless the defendant should give bond to retain the cattle, as provided by section 7389 of the Code. Under the writs issued by the clerk, the sheriff took into his possession 38 head of the cows sued for. The defendant failed to give bond to retain possession of the cattle, and the plaintiff, pursuant to section 7391, gave bond,…