Sidney Smith, Inc. v. Steinberg

McDOWELL, Presiding Judge.

This appeal is from a judgment in favor of plaintiff in a replevin action involving 74 cases of cigarettes. The petition and affidavit in replevin is in usual form. It alleges that plaintiff is the owner and entitled to possession of 74 cases of cigarettes; that the same is unlawfully detained by the defendant and that the action accrued within a year before the filing of the petition.

The amended answer contains a general denial of the allegations of the petition and a cross claim which alleges defendant has a lien and vested interest in the property involved to the…