McElhannon v. Farmers Alliance Warehouse & Commission Co.

Atkinson, Justice.

This was a suit for the recovery of personal property under the form of action prescribed by section 3390 of the code. The action provided for by this section of the code combines some of the characteristics of both the old common law actions of trover and detinue, and may be made the basis for the recovery, either of damages • as for a conversion, or for the recovery of a particular chattel alleged to be detained. At common law the action of trover was not designed for the recovery of the specific chattel, but was designed as an action for the recovery of damages for the…