Whitesides v. Collier

Judge Ewing

delivered the Opinion of the Court.

This writ is prosecuted to reverse a judgment of the Circuit Court, in an action of replevin.

Whitesides and Gollier entered into partnership in buying and selling hogs. Collier had possession of a *284parcel’of the partnership hogs; and Whitesides, as partner, took them into his possession. Whereupon, Collier sued out against him, a writ of replevin, and having executed bond, as required by the statute, had the hogs delivered to him. At the trial, Whitesides avowed the partnership, and that the hogs were taken and held by him as partner, and therefore…