Smith v. Southwest Lumber Co.

Appellee, as plaintiff, commenced this action against appellants, as defendants, to replevy certain mining machinery. The complaint was filed December 19, 1919, and prayed judgment for the recovery of possession of the property, or in case delivery thereof could not be had, alternative judgment for the alleged value thereof, with damages for its detention.

At the instance of plaintiff, and in accordance with the provisions of sections 1604 et seq., Civil Code, on replevin, an order was issued to the sheriff requiring him to take the property from the defendants and deliver it to the plaintiff.…