Eaton v. Langley
Supreme Court of Arkansas
Appeal from Greene Circuit Court. Felix G. Taylor, Judge. The change from standing timber to cross-ties was not such a change of identity as will prevent the original owner from maintaining replevin, Avhether the change was Avrought innocently or Avilfully. r'íT’Ark. 210; 55 Ark. 307, 310; 78 Ky. 481; 37 Mich. 332; 70 id. 309; 115 N. C. 85. The recovery of the property is the primary object of the suit, and the alternative judgment for its value is not to be rendered for-…
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Appeal from Greene Circuit Court. Felix G. Taylor, Judge. The change from standing timber to cross-ties was not such a change of identity as will prevent the original owner from maintaining replevin, Avhether the change was Avrought innocently or Avilfully. r'íT’Ark. 210; 55 Ark. 307, 310; 78 Ky. 481; 37 Mich. 332; 70 id. 309; 115 N. C. 85. The recovery of the property is the primary object of the suit, and the alternative judgment for its value is not to be rendered for- the purpose of alloAving the Avrongdoer to elect to deliver the property to pay for it. 50 Ark. 303. The facts are fully…
1Opinion of the CourtBattle, J.
P. A. Eaton alleged in his complaint that he Avas the owner of five thousand cross-ties, of the value of $750; that they Avere in the possession of H. Gr. Langley; that he was 'entitled to the immediate possession of the same; and asked for the possession thereof, or, if that could not be obtained, their value. After" filing Avith the clerk of the circuit court the affidavit required in such cases, he sued out an order for the delivery of the cross-ties to himself; also a summons for Langley. He caused the summons to be served upon the defendant,, but directed the sheriff to return the order…
2Cases cited10 opinions
- Wetherbee v. GreenMichigan Supreme Court · 1871
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Single v. SchneiderWisconsin Supreme Court · 1872
- Maye v. TappanCalifornia Supreme Court · 1863
- Grant v. SmithMichigan Supreme Court · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Central Coal & Coke Co. v. John Henry Shoe Co.Supreme Court of Arkansas · 1901
- Cummer-Graham Co. v. MaddoxTexas Supreme Court · 1956
- Randleman v. TaylorSupreme Court of Arkansas · 1910
- Brown & Hackney v. DaubsSupreme Court of Arkansas · 1919
- Kansas City Fibre Box Co. v. F. Burkart Manufacturing Co.Supreme Court of Arkansas · 1931
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