Swantz v. Pillow
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. STATEMENT. This was an action of replevin brought by Swantz against Pillow, the sheriff of Phillips county, to recover a mule which Pillow took from the possession of Swantz under a writ issued to him from the circuit court.
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APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. STATEMENT. This was an action of replevin brought by Swantz against Pillow, the sheriff of Phillips county, to recover a mule which Pillow took from the possession of Swantz under a writ issued to him from the circuit court. The cause was tried by the court, sitting as a jury, upon an agreed statement of facts in substance as follows : On the 2nd day of March, 1886, L. A. Fitzpatrick brought an action of replevin in a justice’s court against O. D. Hudson to recover possession of a black horse mule. An order of delivery was issued in…
1Opinion of the Court
OPINION.
Cockeill, C.' J.
1. Replevin: Delivery of specific property: Alternative ment. In replevin, the delivery of the property is the primary object of the action. The value is to be recovered in lieu of it, as an alternative- only “ in case a delivery cannot be had ” of the specific erty. Mansf, Dig., sec. 5181. Whatever purpose beneficial to the defendant the judgment in the alternative may serve, it is not put in that form to-give one who has been adjudged to be in the wrong, his election to pay the assessed value and retain the property as his own, against the will, of the party to whom…
2Cases cited4 opinions
- Hoffman v. . ConnerNew York Court of Appeals · 1879
- McKinney v. PurcellSupreme Court of Kansas · 1882
- Hunt v. RobinsonCalifornia Supreme Court · 1858
- Bruner v. DyballIllinois Supreme Court · 1866
3Cited by12 opinions
- Chancellor v. BanksSupreme Court of Arkansas · 1909
- Pettit v. KilbySupreme Court of Arkansas · 1961
- Bowser Furniture Co. v. JohnsonSupreme Court of Arkansas · 1915
- Cathey v. BowenSupreme Court of Arkansas · 1902
- Trice v. People's Loan & Investment Co.Supreme Court of Arkansas · 1927
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